Matters Needing Attention In Applying For Trademark Registration

The Trademark Office of the State Administration for Industry and Commerce announced the notice of "Notice of application for trademark registration by natural persons" on its official website.

The notice requires that, in addition to the identity card, an application for trademark in the name of an individual must also submit a business license and other documents. The application scope of the trademark shall be limited to the scope of business approved by its business license or the relevant registration documents, otherwise it will not be accepted.

Since the new trademark law allowed natural persons to apply for trademark registration in 2001, trademark registration has gradually become popular among private owners and private business owners in the name of individuals.

The registration of trademarks in the name of individuals means that the ownership of the intangible assets belongs to individuals, which is more conducive to individual control and operation of trademarks. At the same time, trademark ownership is also a manifestation of private wealth.

In 2006, the trademark newly recognized by the State Trademark Office contained trademarks such as "Wanlima" and "brother Di".

However, allowing natural persons to apply for trademark registration results in the phenomenon of "malicious rush" and "speculation".

After the broadcast of Super Girls, hundreds of natural persons applied for "Super Girls" and similar trademarks appeared.

The initiator of the "center lift" and "Er Ren Huan" trademark applicants who had been bubbling up in the past few times were also individuals.

The new announcement is to limit the surge in personal trademark applications in recent years.

If you want to apply for a trademark, you will have to apply for a business license and other documents, and the category of application for trademark must be within the scope specified by the business license.

background information

Matters needing attention by natural persons for trademark registration applications

In accordance with the provisions of article fourth of the Trademark Law of the People's Republic of China, a natural person engaged in production, manufacture, processing, picking, distributing or providing services, if he or she needs to obtain the exclusive right to use a trademark, shall apply to the Trademark Office for trademark registration.

In the name of a natural person, such matters as registration, pfer, etc. shall be submitted in addition to the materials such as the application for trademark registration and the trade mark pattern in accordance with the relevant provisions.

First, individual business owners may apply for trademark registration in the name of the applicant in the name of their own business license, or apply for trademark registration in the name of the person in charge of the registration.

In the name of the person in charge, a copy of the following materials should be submitted:

(1) the identity card of the person in charge;

(two) business license.

Two, individual partnership may apply for trademark registration in the name of the name registered in the business license or the registration document of the competent authority as the applicant, and may also jointly apply for trademark registration in the name of all partners.

A copy of the following materials should be submitted in the name of all partners:

(1) the identity card of the partner;

(two) business license;

Three) partnership agreement.

Three. A rural contractor may apply for a trademark registration application in the name of the contractor of its contract contract, and a copy of the following materials shall be submitted when the application is applied:

(1) identity card of the signatory;

(two) contract.

Four. Other natural persons who are permitted to engage in business activities in accordance with the law may apply for trademark registration in the name of the operators listed in the registration documents issued by the competent administrative authorities.

(1) the identity card of the operator;

(two) registration documents issued by the relevant administrative authorities.

Five, the scope of the goods and services that the natural person applies for trademark registration shall be limited to the scope of business approved by the business license or the relevant registration documents, or by its own farm and sideline products.

Six, the Trademark Office shall not accept the application for trademark registration which does not comply with the fourth provision of the trademark law, and notify the applicant in writing.

If the applicant provides false material for trademark registration, the Trademark Office shall cancel the registered trademark.

Seven, for the pfer of trademark application, the pferee is a natural person, and shall refer to the above matters.