(1) Preparation of application documents
1. Application documents that should be submitted:
A. To apply for pledge registration, submit the following documents:
(1) "Application for Registration of Pledge of the Exclusive Right to Trademark" signed or stamped by the applicant
(2) The pledger and pledgee shall register the pledge of the exclusive right to use the trademark Letter of commitment regarding business.
(3) The original of the main contract and the pledge contract of the exclusive right to register a trademark or a copy confirmed by the seals of both parties
(4) If a trademark agency is entrusted to handle the matter, the trademark shall be submitted Letter of attorney
B. To apply for a change in the name of the pledgee or pledgor, or a change in the amount of the principal claim guaranteed by the pledge contract, submit the following documents:
(1) "Application for Change of Registration Matters of the Pledge of the Exclusive Right to Trademark" signed or stamped by the applicant
(2) Letter of Commitment from the pledgor and pledgee to change the registration matter of the pledge of the exclusive right to the trademark .
(3) Agreements or relevant supporting documents regarding changes in registered items
(4) If a trademark agency is entrusted to handle the matter, a trademark agency power of attorney should be submitted
If the name of the pledgor changes, an application for changing the name of the registrant should also be processed at the Trademark Office in accordance with the provisions of the "Regulations on the Implementation of the Trademark Law".
After handling the application for changing the pledge registration matters, the Trademark Office will re-issue the "Trademark Exclusive Right Pledge Registration Certificate".
C. To apply for extension of registration of pledge, submit the following documents:
(1) "Application for Extension of Registration Period for Pledge of Exclusive Right to Trademark" signed or stamped by the applicant
(2) Letter of commitment from the pledgor and pledgee to extend the registration period for the pledge of the exclusive right to use the trademark.
(3) Extension agreement signed by both parties
(4) If a trademark agency is entrusted to handle the matter, a trademark agency power of attorney should be submitted
for registration of the pledge After applying for a deadline extension, the Trademark Office will re-issue the "Registration Certificate for the Pledge of the Exclusive Right to Trademark".
D. To apply for cancellation of registration of pledge of exclusive right, submit the following documents:
(1) "Application for Cancellation of Registration of Pledge of Exclusive Right of Trademark" signed or stamped by the applicant
(2) Letter of commitment from the pledgor and pledgee to handle the registration and cancellation of the pledge of the exclusive right to use the trademark
(3) If a trademark agency is entrusted to handle the matter, a trademark agency entrustment shall be submitted
After the pledge registration period expires, the pledge registration will automatically expire.
2. Specific instructions
(1) Fill in the requirements one by one in accordance with the application form, and it must be in printed or printed form. If multiple trademarks are pledged, they must be submitted in one application form. It is specified that identical and similar trademarks must be pledged together.
(2) The application for registration of the pledge of exclusive trademark rights shall be stamped with the seals of both the pledgor and the pledgee, or have the signatures of the pledgor and the pledgee. If an agent is appointed, the application form shall also be stamped with the seals of both parties. The agent's seal should be stamped.
(3) The pledger’s and pledgee’s letter of commitment to handle the registration of the pledge of exclusive trademark rights shall be stamped with the seals of both the pledgor and the pledgee, or shall be signed by the pledger or the pledgee. Signature of the pledgee.
(4) A pledge contract for the exclusive right to use a registered trademark generally includes the following contents:
①The names and addresses of the pledger and pledgee;
②The type and amount of the secured creditor's rights;
③The time limit for the debtor to perform its debt;
④The list of pledged registered trademarks (listing the registration number, category and number of registered trademarks) Exclusive period);
⑤Scope of guarantee;
⑥Other matters agreed upon by the parties.
(5) If the above documents are in foreign languages, their Chinese translations should be submitted at the same time. The Chinese translation must be signed and sealed by the translation unit and translator for confirmation.
(2) Submit application documents
If the applicant applies directly, he or she shall apply directly at the application acceptance window of the trademark registration hall, the trademark acceptance window with the authority to accept the application, or the pledge registration acceptance point. Submit the application documents; if you entrust a trademark agency to handle the application, the trademark agency will submit the application documents to the Trademark Office.
(3) Receipt and reissuance of the "Registration Certificate for the Pledge of the Exclusive Right to Trademark"
If the registration application documents are complete and comply with the regulations, the Trademark Office will accept it. The date of acceptance is the date of registration. The Trademark Office will issue a Registration Certificate for the Pledge of the Exclusive Right to Trademark to both parties within 2 working days from the date of registration. The "Trademark Exclusive Right Pledge Registration Certificate" states: the names of the pledgor and the pledgee, the registration number of the pledged trademark, the amount of the guaranteed creditor's rights, the registration period of the pledge, and the date of registration of the pledge.
If the pledgor or pledgee loses the "Registration Certificate for the Pledge of the Exclusive Right to Trademark", he or she should promptly submit an application to the Trademark Office for a replacement registration certificate, which will be reissued by the Trademark Office.
The "Registration Certificate for the Pledge of the Exclusive Right to Trademark" can be obtained directly from the Trademark Office, or it can be mailed. If it is collected directly, it shall be collected by the person in charge of the pledge registration or his authorized person. The person receiving the certificate shall bring his or her ID card and relevant authorization documents. If a trademark agency is entrusted to handle the matter, the Trademark Office will mail or issue the "Registration Certificate of Pledge of Exclusive Trademark Rights" to the trademark agency.