Xiaokang has the answer for you:

Currently, application entities are divided into: natural persons, legal entities and other organizations. Different application entities have inconsistent requirements for trademark applications, such as:

Natural person:

Due to the uncertainty of the possibility and stability of natural persons engaging in commercial activities, when applying for a registered trademark in the name of a domestic natural person, in addition to the ID card, an individual industrial and commercial household business license is also required (for foreign natural persons) not subject to this restriction), otherwise the State Intellectual Property Office will not accept the application. Previously, the scope of domestic natural persons' applications for registered trademarks needed to be consistent with the business scope of individual industrial and commercial households. At present, the official has gradually relaxed the requirements and no longer imposes mandatory requirements.

Although a sole proprietorship does not have legal personality, it is an independent legal entity. For trademark registration, you need to apply for a registered trademark in the name of the company. If you apply for a registered trademark in the name of the natural person who invests, it will not be accepted. I have encountered this situation many times, and I suggest that you pay special attention when submitting applications for trademark registration.

In order to improve the efficiency of market access, the current industrial and commercial business license, organization code certificate and tax registration certificate have been combined into one certificate. Both individual industrial and commercial households and enterprises need to provide three business certificates in one. license, otherwise the State Intellectual Property Office will not accept it.

Enterprise legal person:

As for the address of the trademark registration applicant, although it is common in China that the company's registered address is inconsistent with the actual business address, it is in the name of a domestic legal person or other organization The application for trademark registration must be filled in according to the registered address on the business license, otherwise the State Intellectual Property Office will not accept it. Since the actual place of business of a natural person is not fixed, he or she can fill in the form based on the actual business address.

In addition, in order to regulate the agency behavior of trademark agencies, Article 19 of the "Trademark Law" stipulates that trademark agencies shall not apply for other trademarks other than their agency services, that is, except for category 45, other categories All trademark registration applications will be rejected. At present, since ordinary enterprises can also choose trademark agency business as part of their business scope when applying for industrial and commercial registration, the State Intellectual Property Administration will review the applicant's subject qualification certification documents. If its business scope includes "trademark agency or intellectual property agency services" ”, then all registration applications other than Category 45 will be rejected. Therefore, if the business scope includes trademark agency business, it is recommended to confirm the applicant's business scope before registration.

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