First, the restriction of natural persons.
A natural person may apply for a registered trademark. There are no restrictions in the Trademark Law, but in real life, it is not so easy for individuals to register trademarks. In February, 2007, the Trademark Office issued a normative document entitled "Matters needing attention when natural persons apply for trademark registration", which imposed some restrictions on natural persons applying for registered trademarks in their own names. Natural persons must hold the business license of individual industrial and commercial households or rural contracted households, or the business license of individual partnership and other registration documents approved by other administrative organs before they can engage in production and operation. At the same time, it is required that the designated use of the goods applying for trademark shall not exceed the business scope specified in the registration certificate, or be limited to self-operated agricultural and sideline products. In fact, individuals must have entities to engage in production and business activities.
Two. Legal persons and other organizations
Legal person is not a natural person, mainly refers to all kinds of enterprises, institutions and organs with legal personality. The legal representative is a natural person (such as the president). Other organizations mainly refer to organizations that do not have legal personality but have certain property and organizations, including partnerships, social organizations, branches of legal persons, Sino-foreign joint ventures and some township, street and village-run enterprises.
To judge whether an enterprise has legal person qualification, it can be distinguished from its business license. At present, there are two kinds of business licenses issued by the industrial and commercial bureau: business license of enterprise legal person and business license. The former is a legal certificate to obtain the qualification of enterprise legal person, such as a license issued by a limited liability company or a joint stock limited company. The latter is the certificate of legal management right, and does not have legal person qualification, such as the license issued by a sole proprietorship enterprise or a partnership enterprise.
3. Can foreign enterprises register their trademarks in China?
Foreign enterprises can register their trademarks in China, but they must entrust a trademark agency (Bajie Intellectual Property, etc.). ).
Article 18 of the Trademark Law stipulates: "Foreigners and foreign enterprises applying for trademark registration and handling other trademark matters in China shall entrust an organization recognized by the state with the qualification of trademark agency." However, it should be noted that foreigners and foreign enterprises who have their habitual residence and business premises in China can apply for trademarks on their own without entrusting an agency.