Current location - Trademark Inquiry Complete Network - Trademark registration - What is the difference between trademark registration for individuals and companies?
What is the difference between trademark registration for individuals and companies?

Legal analysis: When applying for registered trademarks, there are two main differences between personal registered trademarks and company registered trademarks: the trademark registration materials submitted are different. Personal registered trademarks require a personal ID card and a personal industrial and commercial business license; Registered trademarks must hold a company business license. The scope of trademark registration is different. Individual registered trademarks should be consistent with the scope of individual business licenses. Company registered trademarks are not restricted by the scope of business licenses. There are 45 categories for which trademark registration applications can be submitted, that is, full-category trademark registration can be carried out. Among successfully registered trademarks, trademarks registered in the name of a company and trademarks registered in the name of individuals have the following differences: the ownership of registered trademarks is different. Personally registered trademarks, as the name implies, belong to individuals and are personal property. Individuals can, according to their own circumstances, Authorization, etc. to determine the use of the trademark. The ownership of a company's registered trademark belongs to the company and is an intangible asset of the company. Corporate legal persons and shareholders do not enjoy the exclusive rights to the company's registered trademarks and have no right to independently control the company's registered trademarks. The stability of registered trademarks is different. Individual registered trademarks are more stable than company registered trademarks. Although an application needs to be submitted for self-employment license, the address on the trademark registration certificate is the address on the personal ID card and generally does not change. Another stable aspect is that regardless of the existence of independent operation in the future, the exclusive right to trademark of independent operation will not expire with the cancellation of independent operation. The company's registered trademarks are different. When the company name or company address changes, you should promptly apply to the Trademark Office for trademark change. When the company is canceled, the trademark will become invalid with the demise of the trademark subject. Therefore, when a company cancels or goes bankrupt, the trademark as an intangible asset needs to be liquidated and transferred, transferred or canceled according to the company's decision.

Legal basis: "Trademark Law of the People's Republic of China" Article 59 The registered trademark contains the common name, graphics, model of the product, or directly represents the quality and main raw materials of the product , function, purpose, weight, quantity and other characteristics, or the place name contained therein, the owner of the exclusive right to a registered trademark has no right to prohibit others from legitimate use.

The owner of the registered trademark has no right to prohibit the shape of the goods contained in the three-dimensional mark registered trademark due to the nature of the goods themselves, the shape of the goods required to obtain technical effects, or the shape that makes the goods have substantial value. Fair use by others.

Before the trademark registrant applies for trademark registration, if others have already used a trademark that is identical or similar to the registered trademark and has certain influence on the same goods or similar goods before the trademark registrant, the holder of the exclusive right to the registered trademark shall There is no right to prohibit the user from continuing to use the trademark within the original scope of use, but it can require it to attach an appropriate distinguishing mark.