Core Tips: Registration Procedures for the Pledge of the Exclusive Rights to Trademarks 1. In order to implement the provisions on the registration of pledges of the exclusive rights to trademarks in Article 18 of the "Measures for the Registration and Management of Enterprise Chattel Mortgages" promulgated by the State Administration for Industry and Commerce, this document is formulated This program.
Procedures for registration of pledge of exclusive rights to trademarks
1. In order to implement Article 18 of the "Measures for the Registration and Management of Enterprise Chattel Mortgages" promulgated by the State Administration for Industry and Commerce regarding the registration of pledges of exclusive rights to trademarks stipulations to formulate this procedure. 2. The registration authority for the pledge of exclusive trademark rights is the State Administration for Industry and Commerce. The Trademark Office of the State Administration for Industry and Commerce handles the specific registration of pledge of exclusive trademark rights. 3. The pledgor and the pledgee shall enter into a written contract on the pledge of exclusive trademark rights and apply for registration with the Trademark Office of the State Administration for Industry and Commerce. The applicant for registration of pledge of the exclusive right to use a trademark shall be the pledger and pledgee of the pledge contract for the exclusive right to use the trademark. 4. When applying for registration of pledge of the exclusive right to use a trademark, the following documents should be submitted: (1) "Application Form for Registration of Pledge of the Exclusive Right to Trademark" filled out in accordance with the regulations (the application form is attached); (2) The pledgor and the pledgee enterprise A copy of the business license (must be confirmed and stamped by the issuing authority); (3) A copy of the pledge contract (the foreign version should be accompanied by a Chinese translation, which shall prevail); (4) A copy of the "Trademark Registration Certificate" of the pledged trademark ; (5) If an agent is entrusted to handle registration, a power of attorney from the principal (applicant *** agrees) shall be submitted; (6) Other materials that should be submitted. If the above supporting documents are false, the applicant shall bear legal responsibility. 5. A contract for the pledge of the exclusive right to use a trademark shall include the following main contents: (1) The names and addresses of the pledgor and the pledgee; (2) The reason and purpose of the pledge; (3) The pledged trademark and the pledged Time limit; (4) The value of the exclusive right to the pledged trademark and the evaluation report of the trademark evaluation agency designated by the State Administration for Industry and Commerce; (5) Other matters related to the pledged trademark as agreed upon by the parties. 6. If the application documents submitted by the applicant in accordance with Article 4 of these procedures are incomplete, the registration authority shall require the applicant to make supplements and corrections. If the application is not corrected or does not meet the requirements, it will not be accepted. If the application registration documents are complete and the application procedures comply with the regulations, the Trademark Office of the State Administration for Industry and Commerce will accept the application. The date of acceptance is the date of application. 7. The registration authority will not register under any of the following circumstances: (1) The pledger is not the legal owner of the exclusive right to use the trademark; (2) The ownership of the exclusive right to the trademark is unclear; (3) Others do not comply with laws and regulations. of. 8. The registration authority shall make a decision on whether to register within 5 working days from the date of accepting the registration application. If the above registration conditions are met, the Trademark Office of the State Administration for Industry and Commerce will register it and issue a "Trademark Exclusive Rights Pledge Registration Certificate"; if it does not meet the relevant regulations, it will not be registered. The trademark exclusive right pledge contract shall take effect from the date of registration. 9. In any of the following circumstances, the registration authority shall cancel the registration: (1) After registration, it is found that it is inconsistent with the facts; (2) After registration, it is found that one of the circumstances specified in Article 7 of these procedures exists; (3) After registration, If the pledge contract is found to be invalid; 10. If the applicant's name or address changes or the pledge is transferred due to the transfer of principal claims and debts or other reasons, the party concerned shall handle the registration of change, supplementary registration or re-registration of the pledge of the exclusive right to use the trademark. To apply for change registration or supplementary registration, proof of change and the Registration Certificate for the Pledge of the Exclusive Right to Trademark issued by the registration authority shall be submitted. Trademark exclusive rights