How To Distinguish Registered Trademarks Between Enterprises And Individuals
In fact, there is no difference between the trademark registered in the name of the company and the trademark registered in the name of the individual. The key is to choose different methods of application and trademark holding according to the actual situation of the trademark applicant.
First,
register
The materials supplied are different.
1, the company's nominal registration needs to be provided.
Photocopy of the company's business license and the official seal of the company.
2, personal registration needs to be provided.
Photocopy of personal identity card, business license of individual business owner
Copy
Two, whether business scope is affected by business license.
1. Register under the company's name.
The registered trademark scope is not restricted by the business scope of the business license, and any category of all 45 trademark categories can be registered.
2. Register in the name of a person.
The registered trademark must be consistent with the business scope of the individual business owner's business license, and it can only register trademark categories consistent with the business license of the individual business owner.
Three.
trademark
Different ownership rights
1. The company's trademark.
The ownership is owned by the company, and the shareholders of an enterprise or legal person or enterprise are not entitled to exclusive rights to the registered trademark. If the company is cancelled, the trademark will be invalid. The trademark belongs to the company's property and needs liquidation.
2. Trademarks in the name of individuals
The registered trademark is only owned by the individual, and the establishment or cancellation of the enterprise has no effect on the trademark.
Four. Stability is different.
1, the nominal trademark of the company is unstable.
When a company's name or address is changed or a company's legal person changes, the trademark should also be changed accordingly.
2. Trademark is more stable in personal name.
Personal identity cards are generally unchanged, and trademarks do not need to be changed or relatively stable.
Five. Ownership dominates.
1, company registration shall be decided by the company.
2, the right of individual registration is relatively centralized, and individuals enjoy the exclusive right of trademark.
Six. Certification of trademark usage
1, the company's nominal use certificate
The company has many activities, products and services, so long as one of them uses a trademark, it belongs to the use of the trademark.
2. Personal proof of use.
It is difficult for individuals to prove that they have used trademarks.
Seven. Trademark registration applicants require different names.
1. Registered trademarks of enterprises
The applicant must be the business name of the business license and cannot be changed.
2. Personal registered trademarks
A self-employed person may apply for a trademark registration in the name of the applicant in the name of his "business license for individual business". He may also apply for trademark registration in the name of the person in charge of the registration. The 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, or may apply for trademark registration in the name of all partners in the name of all partners.
There is no difference between individual trademarks and corporate trademarks, and their roles in the legal sense are all the same.
In the process of applying for trademark, we must base ourselves on the use and not blindly pursue personal or corporate trademarks.
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