There is no difference in legal protection between a trademark registered in the name of a company and a trademark registered in the name of an individual. The key is to choose different application and trademark holding methods according to the actual situation of the trademark applicant.
1. The materials provided at the time of registration are different
The company provides the business license and the corresponding official seal, while the individual provides the individual license and legal person ID card.
1. For company name registration, you need to provide
a copy of the company's business license and affix the company's official seal
2. For individual name registration, you need to provide
a copy of your personal ID card and a copy of the business license of individual industrial and commercial households
2. Is the business scope affected by the business license
1. For company name registration, the scope of registered trademarks is not limited by the business scope of the business license, and all 45 trademarks can be registered.
2. Registration in the name of an individual
The registered trademark must be consistent with the business scope of the business license of individual industrial and commercial households, and only the trademark categories consistent with the business license of individual industrial and commercial households can be registered.
Third, the ownership of trademarks is different
1. The trademark in the name of the company
is owned by the company, and the legal person or shareholders of the enterprise do not have exclusive rights to the registered trademark. If the company is cancelled, the trademark will be invalid, and the trademark belongs to the company's property and needs liquidation.
2. Trademarks in the name of individuals
Trademarks registered by individuals only belong to individuals, and the establishment or cancellation of an enterprise has no influence on the trademark pair.
third, the stability is different
1. The company's nominal trademark is unstable
When the company's name or address or the company's legal person changes, the trademark should also be changed accordingly.
2. Personal name trademark is relatively stable
Personal ID card is generally unchanged, and the trademark does not need to be changed, so it is relatively stable.
fourth, the ownership is different
1. The use of trademarks should be decided by the company when registering a company.
2. Personal registration authority is relatively centralized, and individuals enjoy the exclusive right to use trademarks.
v. certificate of trademark use
1. certificate of company name use
there are many activities, products and services of the company, as long as one of them uses a trademark, it belongs to trademark use.
2. Personal use certificate
It is difficult for individuals to prove that they have used trademarks.
VI. Name requirements of trademark registration applicants are different
1. Enterprise registered trademarks
Applicants must be the name of the enterprise in the Business License, and nothing else can be changed.
2. Individual registered trademarks
Self-employed individuals can apply for trademark registration in the name of the applicant, or in the name of the person in charge registered in the license; An individual partnership may file an application for trademark registration in the name of the applicant with the name registered in its Business License or the name registered in the registration documents of the relevant competent authorities, or it may file an application for trademark registration in the name of all partners.
There is no distinction between personal trademarks and corporate trademarks, and they all have the same legal function. In the process of applying for a trademark, we should base ourselves on use and not blindly pursue personal or corporate trademarks. Personal trademark company trademark