China Naming Network - Eight-character Q&A - Can I use my own name for a trademark?

Can I use my own name for a trademark?

Legal analysis: It is possible to register a trademark in your own name, but you must go through a very professional inquiry, otherwise it will be difficult to pass. First of all, China is a country with a large population, and the repetition rate of people's names is very high. Once your name overlaps with someone else's trademark, it may be rejected during the trademark opposition stage. Even if the defense is successful, you will have to wait until the Trademark Review and Adjudication Board makes a ruling before it can be passed. In addition, by querying, you can find out whether the trademark name has been registered by anyone. If so, you can only buy it or rename it. Another thing to note is that the trademark name should not contain a specific name or the name of a specific region. Generally speaking, applying for trademark registration must comply with the provisions of the Trademark Law in order to proceed smoothly.

Legal basis: "Trademark Law of the People's Republic of China"

Article 1 is to strengthen trademark management, protect exclusive rights to trademarks, and encourage producers and operators to guarantee goods and services. This law is specially formulated to protect the quality of trademarks, safeguard the reputation of trademarks, protect the interests of consumers, producers and operators, and promote the development of the socialist market economy.

Article 3 Trademarks approved and registered by the Trademark Office are registered trademarks, including commodity trademarks, service marks, collective trademarks, and certification marks; the trademark registrant enjoys the exclusive right to use the trademark and is protected by law.

Article 9 The trademark applied for registration shall have distinctive features and be easy to identify, and shall not conflict with the legal rights previously obtained by others.

Article 15 Without authorization, an agent or representative registers the trademark of the principal or represented person in his or her own name, and if the principal or represented person raises an objection, the registration shall not be granted. Registration and use prohibited.