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 perform 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 registered trademark exclusive rights pledge contract 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. 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.
(4) Notes
1. The address, postal code and phone number filled in by the applicant should be detailed and accurate to ensure mail delivery and facilitate contact.
2. If the name of the pledgor is inconsistent with the name recorded in the Trademark Office files, and the pledgor cannot provide relevant certificates to prove that he is the registered trademark owner, the Trademark Office will not register it.
3. If the signing of a contract violates the mandatory provisions of laws and regulations, the Trademark Office will not register it.
4. If the exclusive right to use a trademark has been revoked, canceled or the validity period has not been renewed, the Trademark Office will not register it.
5. If the exclusive right to use a trademark has been sealed or frozen by the People’s Court, the Trademark Office will not register it.
6. If the exclusive right of a registered trademark used for pledge is in the process of being transferred or filed for permission to be used by others and our office has not yet made a review conclusion, if the pledgee agrees that the pledger will continue to handle the above application, the pledgee shall Issue a written consent document to our bureau; if the pledgee does not agree to continue the process, the pledger shall apply for registration of the pledge with our bureau after the pledgor withdraws the above application to our bureau.
If the registration application for licensing the exclusive right to use a registered trademark used by others has been approved by our Bureau, the pledgee shall also issue a written document to our Bureau to show that he is aware of the relevant filing contents.
7. When multiple registered trademarks are pledged, the registration period of the pledge should not exceed the exclusive period of the trademark whose exclusive right expires first when the application for registration of pledge is submitted. If the pledgee agrees that the registration period of the pledge is longer than the exclusive period of some registered trademarks, he or she needs to submit a written consent document to our Office. (1) "Application for Change of Registration Matters of Pledge of the Exclusive Right to Trademark" signed or stamped by the applicant;
(2) Copy of the principal qualification certificate or natural person identity certificate of the pledgor and pledgee ;
(3) Agreements or relevant supporting documents regarding changes in registered matters;
(4) The original "Registration Certificate for the Pledge of the Exclusive Right to Trademark";
(5) Power of attorney, identity certificate of the entrusted party or trademark agency power of attorney;
(6) Other relevant documents.
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 annotate and return the original "Trademark Exclusive Right Pledge Registration Certificate" or re-issue the "Trademark Exclusive Right Pledge Registration Certificate". If the pledge registration period needs to be extended due to reasons such as extension of the performance period of the guaranteed main contract, failure to realize the main creditor's rights on time, etc., both the pledgee and the pledger shall apply for an extension with the following documents before the expiration of the pledge registration period. Registration:
(1) "Application for Extension of the Registration Period for the Pledge of the Exclusive Right to Trademark" signed or stamped by the applicant;
(2) Information of the pledgor and pledgee Copy of subject qualification certificate or natural person identity certificate;
(3) Extension agreement signed by both parties;
(4) Original "Trademark Exclusive Right Pledge Registration Certificate";
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(5) Power of attorney, identity certificate of the principal or trademark agency power of attorney;
(6) Other relevant documents.
After applying for extension of the pledge registration period, the Trademark Office will annotate the original "Trademark Exclusive Right Pledge Registration Certificate" and return it, or re-issue a "Trademark Exclusive Right Pledge Registration Certificate". If the registration of the pledge of the exclusive right to use a trademark needs to be cancelled, both the pledgee and the pledger can apply for cancellation with the following documents: (1) "Registration of the Pledge of the Exclusive Right to the Exclusive Trademark" signed or stamped by the applicant "Application for Cancellation";
(2) The principal qualification certificate of the pledgor and the pledgee or a copy of the natural person's identity certificate;
(3) The cancellation of the pledge signed by both parties Certificate of completion of registration agreement or contract;
(4) Original "Registration Certificate of Pledge of Exclusive Trademark Rights";
(5) Letter of authorization, identity certificate of the principal or Trademark agency power of attorney;
(6) Other relevant documents.
After the pledge registration period expires, the pledge registration will automatically expire.