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How to apply for registration of trademark right pledge?

Application for Registration of Pledge of Trademark Rights

If a natural person, legal person or other organization pledges its exclusive right to use a registered trademark, the pledger and the pledgee shall enter into a written contract and Register the pledge with the Trademark Office.

The application for registration of the pledge shall be submitted jointly by the pledgee and the pledger. The pledgee and the pledgor can apply directly to the Trademark Office, or they can entrust a trademark agency to act for them. Foreigners or foreign enterprises that do not have a regular residence or business office in China should entrust an agency to handle the matter.

The pledge right is established when the pledge is registered with the Trademark Office.

(1) Application documents that should be submitted:

1. "Application for Registration of Pledge of Exclusive Trademark Rights" signed or stamped by the applicant;

2. Proof of subject qualifications of the pledgor and pledgee (a copy of the business license) or a copy of the identity certificate of the natural person;

3. Originals of the main contract and the pledge contract for the exclusive right to use registered trademarks or Notarized copy;

4. If the application is handled directly, a power of attorney and the identity certificate of the trustee shall be submitted; if a trademark agency is entrusted to handle the matter, a power of attorney for trademark agency shall be submitted;

5. Pledge a copy of the registration certificate of the registered trademark;

6. Pledge the value evaluation report of the exclusive right to use the trademark. If both the pledgee and the pledgor have reached an agreement on the value of the exclusive right to the pledged trademark and submitted relevant written approval documents, the applicant may no longer submit it;

If the above documents are in foreign languages, they should be submitted at the same time Submit its Chinese translation. The Chinese translation must be signed and sealed by the translation unit and translator for confirmation.

(2) Specific requirements

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 pledge of the exclusive right to trademark shall be stamped with the seals of both the pledgor and the pledgee, or signed by the pledgor and the pledgee. If an agent is appointed, the application form shall also be stamped with the seals of both parties. Stamp the agent.

3. A pledge contract for the exclusive right to use a registered trademark generally includes the following contents:

(1) Names and addresses of the pledger and pledgee;

(2) Type and amount of secured claims;

(3) Time limit for the debtor to fulfill its debt;

(4) List of pledged registered trademarks (listing registered trademarks) Registration number, category and exclusive period of the trademark);

(5) Scope of guarantee;

(6) Other matters agreed upon by the parties.

4. The main contract and the pledge contract for the exclusive right to use registered trademarks must be signed by the legal representative. If not signed by the legal representative, a special authorization document for the person to sign the contract must be attached.

(3) Obtaining 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 5 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.

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.