Simply and bluntly tell you some considerations for natural persons (individuals) applying for trademarks

Simply and bluntly tell you some precautions for a natural person (individual) applying for a trademark in work, Many people are asking this question: Can an individual register a trademark? Encountering this kind of question, Answer in two words uniformly: Can. Then I explained for a long time, including why, Why you need to prepare an individual license, Why do personal registered trademarks have the same rights as corporate registered trademarks?, Why? Why why?

Check all the provisions of the Trademark Law, We found that in fact, the trademark law does not impose any restrictions on natural persons registering trademarks., Therefore, many people blindly go to the Trademark Office to apply but are rejected.. Or you may question that the agency you are looking for is not good at business, etc.. So what exactly is going on? one, Let’s first take a look at a brief history of the development of registered trademarks in my country..

丨When my country’s Trademark Law was implemented in 1983, 1963The "Trademark Management Regulations" promulgated by the State Council on April 10, 2018 were abolished at the same time.. 丨In 1993, the Trademark Law of the People’s Republic of China(first revision)"hour, stipulates that "enterprise, Only public institutions and individual industrial and commercial persons can apply for trademark registration. Natural persons cannot apply for trademarks in their own name..

丨In 2001, the Trademark Law of the People’s Republic of China(second revision)"hour, The modifications to the trademark subject have changed the previous restrictions on natural person trademark registration in the Trademark Law..

From then on, natural persons could register trademarks. Later, I entered a period of rapid development through trademark registration., In the process of implementation, The problem of individuals preemptively registering trademarks has emerged, In order to curb this phenomenon, The Trademark Office of the State Administration for Industry and Commerce issued the "Trademark Registration Applications for Natural Persons" in 2007.

Things to note

", Requires natural persons to register trademarks, Must be an individual business owner, Apply as a rural contract operator or other natural person who is legally permitted to engage in business activities., and provide corresponding licenses, Contracting contract or registration document.

two, The Trademark Office currently has the following instructions for natural persons applying for trademarks:: Domestic natural persons directly apply for trademark registration

Require

When applying for trademark registration directly, a natural person shall submit the following documents:: Application form (a power of attorney is required to appoint an agency), Trademark pattern, Copy of individual business license, Copy of natural person’s ID card, Copy of the handler’s ID card.

Rural contract operators may apply for trademark registration in the name of the person who signed the contract.. A copy of the contract should be submitted when applying. The applicant is a domestic natural person, ID card should be submitted, passport, Copies of valid identity documents such as household registration certificate, And submit a copy of the "Individual Industrial and Commercial Household Business License" or a copy of the rural land contract management contract.

The applicant is a natural person from Hong Kong, Macao and Taiwan and handles the matter on his own, A copy of the pass should be submitted; The applicant is a foreign natural person and handles the matter on his own, A copy of the passport and the certificate issued by the public security department should be submitted., "Permanent Residence Permit for Foreigners" within the validity period (more than one year), "Residence Permit for Foreigners" or "Residence Permit for Foreigners". three, So what is the difference between a natural person applying for a registered trademark and an enterprise registering a trademark?

The basic process of applying for a trademark, duration required, review standards,

cost

Are they all the same? I can say responsibly here, There is almost no difference between the two.

cost

: Just like corporate applications, individual application for registered trademark rights belongs to the individual., The owner (applicant) on the trademark registration certificate is a natural person. Personal trademarks can be transferred and traded, License sale, Can be injected into the company as intangible assets, Can invest in starting a business.

The ownership of the registered trademark owned by the enterprise belongs to the enterprise, The owner on the trademark registration certificate is the company. therefore, All rights and related interests arising from the trademark, all belong to the trademark owner. After years of development, The Trademark Law has also been revised three times, The policy for personal trademark applications has also gone through a process from strict to lenient..

Can never apply for registration; To apply for conditional development ("Trademark Registration Application for Natural Persons" issued in 2007

Things to note

"Stipulates the scope of goods and services for which natural persons apply for trademark registration, It should be limited to the business scope approved by the business license or relevant registration documents, Or limited to its self-operated agricultural and sideline products. ); Today, when all people are entrepreneurship,, Further opening conditions and restrictions.

2025March 14, The Trademark Office of the State Administration for Industry and Commerce issued a notice stating that, It will no longer be reviewed whether the scope of goods or services declared by individual industrial and commercial households when applying for trademark registration is within their approved business scope.. That is to say, a natural person applies for trademark registration., Restrictions on categories are relaxed; However, the requirement of possessing business entity qualifications has not changed.. Go here, You should have a basic understanding of personal application for registered trademarks!

One last thing, Many applicants think of using a company business license instead of a self-employed license to apply for a natural person trademark.. Say it again here, This is not allowed. Personal registered trademark, As a business entity, only: A copy of the "Individual Industrial and Commercial Household Business License" or a copy of the rural land contract management contract.