Legal analysis: There are five types of subjects of trademark rights:
(1) Enterprises and institutions: Enterprises must be industrial and commercial enterprises registered in accordance with the law and able to independently bear civil liability; Public institutions 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;
< p>(3) Individual industrial and commercial persons who have obtained industrial and commercial registration in accordance with the law and can bear civil liability independently;(4) Individual partnerships:
(5) Foreigners or foreign enterprises (If it applies for trademark registration in China, it should be handled in accordance with the agreement signed between the country where it belongs and China or the international treaty that China has joined or in accordance with the principle of reciprocity). To sum up, according to the current trademark laws, foreign natural persons (including those outside the mainland) can apply for trademark registration in China, but Chinese natural persons are currently not allowed to apply for trademark registration, nor are they allowed to use other people's registered trademarks.
Legal basis: "Trademark Law of the People's Republic of China"
Article 1
In order to strengthen trademark management, protect the exclusive right to trademark, and promote production , Operators ensure the quality of goods and services, maintain the reputation of trademarks, protect the interests of consumers and producers and operators, and promote the development of the socialist market economy. This law is specially formulated.
Article 2
The Trademark Office of the Industrial and Commercial Administration Department of the State Council is responsible for the registration and management of trademarks nationwide. The industrial and commercial administration department of the State Council has established a Trademark Review and Adjudication Committee to handle trademark disputes.
Article 3
Trademarks approved and registered by the Trademark Office are registered trademarks, including commodity trademarks, service marks, collective trademarks, and certification marks; the trademark registrant enjoys the exclusive right to use the trademark and is subject to Legal protection. 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 origin of the goods or services. , raw materials, manufacturing methods, quality or other signs of specific quality. 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.