Both individuals and companies can apply for trademarks, and the examination standards are exactly the same — there is no difference in pass rate. The real differences lie in the ownership of the trademark right, the stability of the applicant's name, subsequent management, and commercial arrangements. Choosing to apply as an individual or as a company is essentially a decision about the ownership of brand assets and the business structure. This guide compares the two across three dimensions — eligibility, procedural differences, and ownership impact — and offers recommendations for different stages of entrepreneurship.
1. Eligibility Comparison
Company Applications
- Qualification document: a copy of the business license (stamped with the company seal); mainland companies, sole proprietorships, and partnerships all qualify.
- Name: apply in the enterprise name registered on the license.
- Scope of goods: file by class without being strictly bound by the registered business scope (in practice, company filings are relatively flexible, but should still be consistent with actual operations).
Individual Applications
An individual cannot apply in the name of a bare ID card; business qualifications are required:
- Individual industrial and commercial household: apply in the trade name registered on the license or in the operator's name, submitting the household's business license plus the operator's ID card; in principle the goods scope is limited to the approved business scope.
- Rural contracted management household: apply in the name of the signatory of the contract, submitting the ID card plus the contract.
- Other natural persons lawfully engaged in business: submit a business registration document issued by the administrative authority.
The purpose of this restriction is to prevent natural persons from hoarding trademarks and speculative squatting. Since 2007, the CNIPA has tightened rules on natural-person applications; thereafter, individual applications must be tied to genuine business activity.
2. Procedural Comparison
The procedural steps are identical for both: filing → formality examination → substantive examination → preliminary approval and publication (3 months) → approval of registration; the normal cycle is about 7–9 months. Official fees are the same, and the process for engaging an agency is the same. Differences appear only in documents and subsequent management:
| Step | Company Name | Individual (Household) Name |
|---|---|---|
| Subject proof | Business license | Household license + operator's ID card |
| Filing scope | Filed by class | Limited to the approved business scope |
| Trigger for name change | Company renaming or relocation | License cancellation or change of operator |
| Continuity of right | Follows the company; trademarks must be disposed of before deregistration | Follows the operator; household cancellation affects trademark management |
3. In-Depth Ownership Comparison
This is the core of the choice, analyzed item by item:
3.1 Asset Ownership
- Individual name: the trademark is the founder's personal asset. Changes in company equity or shareholders do not affect the trademark; but the company's use of the personal trademark requires a license, and at financing time investors usually require the trademark to be injected into the company, which entails an assignment (with assignment fees and an examination cycle).
- Company name: the trademark is a company asset, valued together with the equity. The trademark must be assigned before the company is deregistered; otherwise it may lapse with the extinguishment of the entity.
3.2 Name Stability
- Company renaming and address changes are common, and each requires a trademark recordal; missing one affects renewal, assignment, and enforcement.
- Cancellation of a household license or change of operator likewise triggers a trademark change or assignment.
- The maintenance burden is comparable for both; the key is keeping records and filing promptly.
3.3 Multi-Entity Startup Scenarios
- One founder holding multiple companies: the trademark is registered in the name of the individual or one of the companies, and every other company's use requires a recorded license.
- Partnership startups: registering the trademark in one partner's personal name is a common source of disputes, and ownership easily becomes contested at breakup. It is strongly recommended that trademarks belong to the company, with ultimate ownership determined by the equity structure.
3.4 Enforcement and Licensing
- Litigation standing: trademark infringement suits are brought by the registrant; where registration is in a personal name, the company must sue in the individual's name or obtain an exclusive license.
- E-commerce onboarding: platform qualification review requires the trademark registrant to match the shop entity or to provide a chain of authorization; a mismatch between registrant and operating entity increases the supporting documents required.
4. Recommendations by Stage
Scenario 1: No company yet, starting as a household
Apply first in the household's name to lock in the filing date. Trademark applications follow the first-to-file principle; waiting until the company is incorporated may mean someone else files first. After incorporation, assess assigning the trademark to the company (sign an assignment agreement and jointly apply to the CNIPA for recordal).
Scenario 2: Company already established, operating normally
Apply directly in the company's name. Brand assets settle with the company, and financing, franchising, and enforcement all run smoothly — this is the standard answer for most operators.
Scenario 3: Founder wants to hold the brand personally
Suitable for mature players planning multi-brand licensing operations or seeking to insulate the brand from the operating company's risks. Mind the supporting actions: sign a trademark license contract with the company and record the license, and maintain a genuine chain of use evidence.
Scenario 4: Partnership startup
Regardless of who coined the name or paid the design fee, register the trademark in the name of the jointly established company. Leaving brand ownership to the equity structure is the cleanest approach.
5. Ongoing Management Checklist
Whoever the registrant is, the following actions are indispensable:
- Record name and address changes promptly: when business registration information changes, file the corresponding trademark change.
- Keep use evidence: contracts, invoices, advertising, packaging — as a defense against non-use cancellation.
- Set a reminder for the ten-year renewal: file within 12 months before expiry; there is a 6-month grace period.
- Dispose of trademarks before deregistration: complete the trademark assignment before the company or household is deregistered.
- Record licenses: when licensing a trademark to others, sign a written contract and record the license so it can be asserted against third parties.
Conclusion
There is no difference in difficulty between individual and company trademark applications; the difference lies in asset arrangement. The one-line decision rule: if the brand follows the business, register it in the operating entity's name; only if the brand follows the person should an individual name be considered. If unsure, file first in the name of the existing operating entity to lock in the filing date — ownership planning can be adjusted later through assignment, but a missed filing date is gone forever.
6. Service Entry
If you need the above matters handled, you may submit a trademark agency registration request on MyTMBee, to be followed up by a CNIPA-recorded trademark agent.