Current location - Trademark Inquiry Complete Network - Trademark registration - What is the subject of trademark rights?
What is the subject of trademark rights?

Legal analysis: According to the current "Trademark Law of the People's Republic of China", the subjects of trademark rights include the following five types of persons:

1. Enterprises and institutions: Enterprises It must be an industrial and commercial enterprise registered in accordance with the law and capable of independently assuming civil liability, and a public institution must have legal person status.

2. Social groups: social groups that provide services or are approved to produce, manufacture, process, select, or distribute goods that need to use trademarks.

3. Individual industrial and commercial persons who have obtained industrial and commercial registration in accordance with the law and can independently bear civil liability.

4. Individual partnership.

5. Foreigners or foreign enterprises (if they apply for trademark registration in China, they should handle it in accordance with the agreement signed between their country and China or the international treaty that China has jointly participated in or in accordance with the principle of reciprocity) ).

Legal basis: "Trademark Law of the People's Republic of China"

Article 4 Natural persons, legal persons or other organizations need to obtain trademarks for their goods or services during production and business activities. If you have the exclusive right to use a trademark, you must apply for trademark registration with the Trademark Office. The provisions of this Law regarding commodity trademarks shall apply to service trademarks.

Article 17 If a foreigner or foreign enterprise applies for trademark registration in China, it shall be handled in accordance with the agreement signed between the country where it belongs and the People's Republic of China or the international treaty to which both countries are party. Or handle it according to the principle of reciprocity.