Procedures for Registration of Pledge of Exclusive Rights for Registered Trademarks
Industrial Trademark Words [ 2009〕No. 182
Article 1: In order to give full play to the value of the intangible assets of exclusive trademark rights and promote economic development, in accordance with the "Property Law", "Security Law", " This procedure is formulated in accordance with the relevant provisions of the Trademark Law and the Implementing Regulations of the Trademark Law.
The Trademark Office of the State Administration for Industry and Commerce is responsible for the registration of pledges of exclusive rights to registered trademarks.
Article 2: Natural persons, legal persons or other organizations If the exclusive right to use a registered trademark is pledged, the pledger and the pledgee shall enter into a written contract and register the pledge with the Trademark Office.
The application for registration of 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 without regular residence or business premises in China should entrust an agency to handle the matter.
Article 3: When registering the pledge of the exclusive right to a registered trademark, the pledger shall include the same or similar trademarks registered on the same or similar goods/services. Handle pledge registration. The pledge contract and pledge registration application shall state the registration number of the pledged trademark.
Article 4 When applying for the registration of the pledge of the exclusive right to a registered trademark, the following documents should be submitted: The right has been sealed up or frozen by the people's court;
(5) Others who do not meet the conditions for pledge.Article 9 After the registration of the pledge, if any of the following circumstances occurs, the Trademark Office shall cancel the registration:
(1) One of the circumstances listed in Article 8 of these Measures is found;
(2) The pledge contract is invalid or revoked;
(3) The pledged registered trademark loses the exclusive right due to legal procedures;
(4) Submitting false certification documents or using other deceptive means to obtain registration of the pledge of the exclusive right to use a trademark.Article 10 If the name of the pledgee or pledgor is changed, and the amount of the principal claim guaranteed by the pledge contract is changed, the parties may rely on the following Documents to apply for change registration:
(1) "Application for Change of Registration Matters of Pledge of the Exclusive Right to Trademark" signed or stamped by the applicant;
(2) A copy of the principal qualification certificate or natural person identity certificate of the pledgor or 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".
Article 11 If it is necessary to extend the pledge registration period due to reasons such as extension of the performance period of the guaranteed main contract, failure of the main creditor's rights to be realized on time, etc., the pledgee shall Both parties and the pledger shall apply for extension registration with the following documents before the expiration of the pledge registration period:
(1) Signed or sealed by the applicant "Application Form for Extension of the Registration Period for the Pledge of the Exclusive Right to Trademark";
(2) A copy of the principal qualification certificate of the pledger or pledgee or the identity certificate of the natural person ;
(3) Extension agreement signed by both parties;
(4) Original " Registration Certificate of Pledge of Exclusive Trademark Rights”;
(5) Power of attorney, identity certificate of the principal or trademark agency power of attorney;
(6) Other relevant documents.
(6) Other relevant documents.
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Article 12 After handling the application for changing the pledge registration matters or applying for extension of the pledge registration period, the Trademark Office shall add a label to the original "Trademark Exclusive Right Pledge Registration Certificate" The registration certificate for the pledge of the exclusive right to use a trademark needs to be cancelled, or the "Registration Certificate for the Pledge of the Exclusive Right to Trademark" must be re-issued.
Article 13 If the registration of the pledge of the exclusive right to use a trademark needs to be cancelled, the pledge Both the party and the pledger may apply for cancellation with the following documents:
(1) "Application for cancellation of registration of pledge of exclusive right to trademark" signed or stamped by the applicant "Book";
(2) The principal qualification certificate of the pledgor or pledgee or a copy of the identity certificate of the natural person;
(3) The pledge registration agreement signed by both parties or the contract completion certificate;
(4) The original "Trademark Exclusive Use" Registration Certificate of Pledge of Right";
(5) Power of attorney, identity certificate of the principal or trademark agency power of attorney;
(6) Other relevant documents.
After the expiration of the pledge registration period, the pledge registration will automatically become invalid.
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Article 14 If the "Registration Certificate for the Pledge of the Exclusive Right to Trademark" is lost, you may apply to the Trademark Office for a replacement.
Article 15 The Trademark Office shall establish a pledge registration book for inspection by the relevant public.
Article 16 Counter-guarantee and maximum amount of pledge These regulations shall apply to the right.
Article 17 These regulations will come into effect on November 1, 2009. From the date of implementation of these regulations, the original "Pledge of the exclusive right to use trademarks" Registration Procedure" (State Administration for Industry and Commerce Industrial Trademark No. [1997] No. 127) is abolished.
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