The difference between company trademark and individual trademark
Registered trademarks can be divided into two kinds, one is registered in the name of an individual, one is registered in the name of a company, so what is the difference between the two?
In fact, there is no difference in legal protection between registered trademarks in the name of companies and trademarks registered in the name of individuals, the key is to choose different applications and trademark holding methods according to the actual situation of the subject of trademark application.
1. Different materials provided at the time of registration
The company provides the business license and the corresponding official seal, and the individual provides the individual license and the corporate ID card.
1. Company name registration needs to be provided
Copy of the company's business license with the company's official seal
2, personal registration needs to be provided
Copy of personal ID card, copy of individual business license
2. Whether the business scope is affected by the business license
1, registered in the name of the company
The scope of registered trademarks is not limited by the business scope of the business license, and any one of all 45 trademark classes can be registered.
2. Register as an individual
The registered trademark must be consistent with the business scope of the business license of the individual industrial and commercial tenants, and only the category of trademark consistent with the business license of the individual industrial and commercial tenants can be registered.
Third, the ownership of trademarks is different
1, the company name trademark
The ownership belongs to the company, the enterprise legal person or the shareholder of the enterprise does not enjoy the exclusive right to the registered trademark, the company cancelled, the trademark is invalid, the trademark belongs to the property of the company and needs to be liquidated.
2. Trademarks in personal name
The trademark registered by an individual is owned by the individual only, and the establishment or cancellation of the enterprise has no impact on the trademark.
Third, different stability
1. The company's name trademark is unstable
When the name or address of the company or the legal person of the company is changed, the trademark should also be changed accordingly.
2, personal name trademark is more stable
Personal identity cards are generally unchanged, and trademarks do not need to be changed, which is relatively stable.
Fourth, different ownership
1, the company registration should be determined by the company to use the trademark.
2, individual registration authority is relatively concentrated, individuals enjoy the exclusive right to use trademarks.
5. Trademark use certificate
1, the company name use certificate
The company has many activities, products and services, and as long as one of them uses a trademark, it belongs to the use of a trademark.
2. Proof of personal use
It is difficult for an individual to prove the use of a trademark.
Six, the trademark registration applicant name requirements are different
1, enterprise registered trademark
The applicant must be the business name on the "Business License" and cannot change other.
2. Individual registered trademark
A self-employed person may apply for trademark registration in the name of the applicant with the number registered in the Business License for Individual Industrial and Commercial Households, or in the name of the person in charge registered on the license; An individual partnership may file an application for trademark registration in the name of the applicant with the business name registered in its Business License or the business name registered in the registration documents of the relevant competent authority, or it may jointly file an application for trademark registration in the name of all partners.
There is no difference between personal trademark and enterprise trademark, they have the same function in the legal sense. In the process of applying for trademarks, we should base on the use, and do not blindly pursue personal or enterprise trademarks.
Linyi Aidi Business Service Co., Ltd. is a legal service organization specialized in trademark agency, patent and enterprise registration at home and abroad, authorized by the State Administration for Industry and Commerce, and is one of the hundreds of trademark agencies recognized by the Chinese government. Our company has received professional training and passed strict assessment in law, trademark, patent, enterprise registration and other business fields, and has worked in the field of intellectual property for many years, and has a wealth of theoretical knowledge and practical experience. Our business scope covers trademark, patent and other intellectual property fields, in addition to domestic registration, change, renewal, transfer and other basic business, foreign-related trademark registration and difficult trademark registration, trademark dispute cases
