Those who cannot be the subjects of the exclusive right to use trademarks are individual partnerships, individual industrial and commercial households, contractors, and other business households that have obtained business activities in accordance with the law. The law stipulates that natural persons, legal persons or other organizations can be the subjects of exclusive rights to trademarks.

The subject of trademark rights can be natural persons, legal persons and other organizations. The scope of trademark rights subjects refers to the forms of subjects that can become trademark rights subjects.

If a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for its goods or services during production and business activities, it shall apply for trademark registration with the Trademark Office. Bad-faith trademark registration applications that are not intended for use shall be rejected.

The object of trademark rights is a trademark, which is a mark used by operators to distinguish their own goods or services from those of others. The most important function of a trademark is source identification. Operators use trademarks on their own goods or services, so that consumers can recognize and remember their goods or services through trademarks, understand the quality and quality characteristics of their goods or services, and establish their own credibility. Consumers can use trademarks to Shop for your favorite products or services. In addition, trademarks can encourage trademark users to strive to maintain and improve the quality of goods and services. Therefore, trademarks have another derived function, namely the quality assurance function.

Any mark that can distinguish the goods of a natural person, legal person or other organization from the goods of others, including words, graphics, letters, numbers, three-dimensional signs, color combinations and sounds, etc., as well as combinations of the above elements , can be applied for registration as trademarks.

The subject of trademark rights (trademark owner) refers to the natural person, legal person or other organization that enjoys trademark rights for commercial marks used to distinguish goods or services in accordance with the Trademark Law.

Based on the form of the subject, the subjects of trademark rights are divided into natural persons, legal persons and other organizations. The Trademark Law stipulates: If a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for its goods or services during production and business activities, it shall apply for trademark registration with the Trademark Office. Two or more natural persons, legal persons or other organizations may apply to the Trademark Office to register the same trademark at the same time, and jointly enjoy and exercise the exclusive right to use the trademark.

Based on the way in which trademark rights are obtained, the subjects of trademark rights can be divided into original subjects and successor subjects. The original subject is the trademark registration applicant approved by the trademark administrative department, and the successor subject is the subject who obtains the trademark right through inheritance, transfer, etc.

Legal basis:

Article 3 of the "Trademark Law of the People's Republic of China" Trademarks approved and registered by the Trademark Office are registered trademarks, including commodity trademarks, service marks and collective trademarks Trademarks and certification marks; trademark registrants enjoy exclusive rights to trademarks and are protected by law.

The term "collective trademark" as mentioned in this Law refers to a mark registered in the name of a group, association or other organization for use by members of the organization in commercial activities to indicate the user's membership in the organization.

The term "certification trademark" as used in this Law means that it is controlled by an organization with the ability to supervise certain goods or services and is used by units or individuals other than the organization to certify the goods or services. The origin, raw materials, manufacturing methods, quality or other signs of specific quality of the goods or services.

Special matters concerning the registration and management of collective trademarks and certification marks shall be stipulated by the industrial and commercial administration department of the State Council.

Article 4 If a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for its goods or services during production and business operations, it shall apply for trademark registration with the Trademark Office. Bad-faith trademark registration applications that are not intended for use shall be rejected. The provisions of this Law regarding commodity trademarks shall apply to service trademarks.