How to apply for pledge registration of trademark exclusive right? 1. Applicant for pledge registration of trademark exclusive right:
(1) The applicant for registration of the pledge contract for the exclusive right to use a trademark shall be the pledgor and pledgee who signed the pledge contract for the exclusive right to use a trademark.
B. To apply for registration of the pledge contract for the exclusive right to use a trademark, both parties shall generally go through the application procedures for pledge registration with the Trademark Office.
C. The application for pledge registration of the exclusive right to use a trademark can be handled directly or entrusted to others. Where an agent is entrusted, a power of attorney shall be submitted, and the power of attorney shall specify the content and authority of the agent.
2. Apply for registration of the pledge contract for the exclusive right to use a trademark:
When applying for the registration of a contract for the exclusive right to use a trademark, the following documents shall be submitted:
A. A complete Application for Registration of the Pledge of the Exclusive Right to Use a Trademark shall include the following contents: a. Reasons for applying for pledge; B the names, legal representatives and addresses of both parties applying for pledge registration, and affix the seal of the applicant; C. Name, registration certificate number and trademark validity period of the pledged trademark; D. the ownership status of the pledged trademark; E. the value of the pledge; F. pledge period, etc.
B. business license (copy);
C photocopies of the master contract and the pledge contract (1 Chinese translation is required for foreign language texts);
D original or photocopy of the ownership certificate of the pledged trademark (including renewal, alteration and transfer);
E. power of attorney of the agent;
F. Other documents or materials that the Trademark Office deems necessary.
3. Time requirements and review period for applying for registration:
The pledgor and pledgee shall apply for registration with the Trademark Office of the State Administration for Industry and Commerce within 20 days from the date of concluding a written agreement;
The registration authority shall make a decision on whether to register within 5 working days from the date of accepting the application for registration.
4. If the above registration conditions are met, the Trademark Office shall register it and issue a Registration Certificate for Pledge of the Exclusive Right to Use a Trademark:
Does not comply with the relevant provisions (for example, the pledgor is not the legal owner of the trademark right; The ownership of trademark rights is unclear; Failure to pay registration fees, etc. ), the Trademark Office will not register it.
5. In any of the following circumstances, the registration authority will cancel the registration:
First, after registration, it is found to be inconsistent with the facts;
B. After registration, it is found that there should be no reasons for registration;
C. After registration, the pledge contract is found to be invalid;
D. Both parties apply for cancellation.
Related reading:
The role of pledge of trademark exclusive right
(A) is conducive to improving the financial innovation system
The exploration and practice of trademark pledge loans need the joint efforts of the People's Bank of China and the Industrial and Commercial Bureau. This innovation model is obviously different from the traditional vertical innovation model in the financial industry: it is based on administrative regions, highlights the role of intermediate subjects, has some characteristics of horizontal integration, and reflects the positive response of intermediate subjects to technological progress, their initiative in trying to promote financial innovation, and mutual cooperation between industrial economic management departments. It also shows that the meso-subject closely combines the characteristics of regional economy and actively innovates.
(B) to ease the financing difficulties of SMEs.
Small and medium-sized enterprises can only rent factories or equipment for production in the early stage of growth, and there is not much self-owned capital in cash or in kind, which is difficult to meet the requirements of banks for risk control under the traditional credit system. Taking trademark rights as loan collateral solves the problem of insufficient mortgage assets of small and medium-sized enterprises to a certain extent, thus alleviating the financing difficulties. Corporate trademark awareness has also been continuously enhanced.
(3) It is conducive to actively promoting independent innovation of enterprises.
Through the external evaluation of trademarks, small and medium-sized enterprises can truly understand their own trademark competitive advantages in the market, further enhance technological innovation and establish trademark awareness, maintain market advantages for a long time, and provide long-term protection for the security of bank credit funds.
(4) Promoting the commercialization of intellectual property rights and accelerating the transformation of intellectual property rights into productive forces.
In May, 2006, Xiangtan City, Hunan Province promulgated the Administrative Measures for the Pledged Loans for the Exclusive Right to Use Trademarks in Xiangtan City (Trial). In September 2006, the signing ceremony of intellectual property pledge loan was held at the national seminar on intellectual property pledge financing held in Xiangtan. Two private enterprises obtained a loan of 1 1.5 million yuan from Xiangtan Banking Department through the pledge of trademark exclusive rights. After the popularization and application of trademark pledge loan in Xiangtan, it has been widely concerned and welcomed by enterprises and government departments. Now, Xiangtan has not only formed a good atmosphere for the whole society to respect knowledge, promote the commercialization of intellectual property rights and accelerate the transformation of intellectual property rights into productive forces, but more and more enterprises have applied for such loans from the undertaking banks, and even attracted some foreign trademark holders to Xiangtan for consultation or application for loans; Moreover, it has gradually produced the external diffusion effect, and at the same time, there have been many innovative and interactive behaviors, such as small and medium-sized financial institutions guiding and recommending intangible assets pledge loans to branches, state-owned commercial banks actively applying to higher-level banks to increase credit pledge methods, provincial industrial and commercial bureaus promoting them throughout the province, and the head office of the People's Bank of China focusing on research and promotion. It embodies the efficiency and vitality of independent innovation of small and medium-sized financial institutions. Influenced by the progress of science and technology and the improvement of intellectual property transformation ability, Xiangtan's economy has shown a good development momentum.
right to exclusive use of a trademark