Everyone knows that a trademark registration application can be made by either a company or an individual. The materials submitted when registering a trademark will be slightly different between the two, but the process is the same. Many people can't tell the difference between registration in the name of an individual and registration in the name of a company:
There is no distinction between personal trademarks and corporate trademarks. They have the same role in the legal sense. But there are differences in other aspects.
The trademark ownership rights of the two are different
The trademark ownership in the name of the company belongs to the company. Corporate legal persons or shareholders of the company do not have exclusive rights to registered trademarks. If the company is cancelled, the trademark will also be cancelled. It is invalid. The trademark belongs to the property of the company and needs to be liquidated; the trademark in the name of an individual is only owned by the individual. The establishment or cancellation of the enterprise has no impact on the trademark.
Trademark control rights
For trademarks applied in the name of an individual, the trademark holder has control rights over them, but for trademarks applied in the name of a company, the company has control rights over them. . When a company has a large number of shareholders and their interests are inconsistent, whether to apply for a registered trademark in the name of the company or in the name of an individual is a question worthy of consideration by the trademark applicant.
Personal name trademarks are more stable than company name trademarks
When the company name or address or the legal person of the company changes, the trademark must also be changed accordingly; personal ID cards generally remain unchanged. Yes, the trademark does not need to be changed and is relatively stable.
First of all, no matter whether you apply for a registered trademark in the name of a company or an individual, as long as you finally pass the review and obtain the trademark registration certificate, your legitimate rights and interests will be protected by law, and the degree of protection will be the same;
Secondly, the process, time and cost of trademark application are also the same. They all need to go through the stages of formal review, substantive review, announcement, and certification. It is expected to take 10-12 months from application to final certification;< /p>
Finally, no matter what name you apply for, the term of trademark protection is the same, which is 10 years. If the trademark holder still needs to continue to use the trademark after it expires, it needs to be advanced one year in advance. Apply to the Trademark Office for renewal.