What is the process for applying for trademark registration pledge?
If a natural person, legal person or other organization pledges its exclusive right to use a registered trademark, the pledgor and the pledgee shall enter into a written contract and apply for registration of 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 may directly You can apply to the Trademark Office or entrust a trademark agency to act for you. 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 right of pledge is established when the pledge is registered with the Trademark Office.
Application documents that should be submitted
1. The applicant’s signature or stamp Zhang's "Application for Registration of Pledge of Exclusive Trademark Rights";
2. Proof of subject qualification of the pledgor and pledgee (a copy of the business license) or a copy of the identity certificate of the natural person;
3. The original or notarized copy of the main contract and the pledge contract for the exclusive right to register a trademark;
4. If handling directly, authorization shall be submitted and the identity certificate of the principal; if a trademark agency is entrusted to handle the matter, a trademark agency power of attorney shall be submitted;
5. Produce a copy of the registration certificate of the registered trademark;
6. Value evaluation report of the exclusive right to the pledged 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 If the relevant written approval documents have been obtained, the applicant may no longer submit;
If the above documents are in a foreign language, their Chinese translations should be submitted at the same time. The Chinese translations should be signed and stamped by the translation unit and translator for confirmation.
Specific requirements
1. Fill in the application form one by one according to the requirements, and it must be in printed or printed form. If multiple trademarks are submitted, 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 exclusive trademark rights should be stamped with the seals of both the pledgor and the pledgee, or have the signatures of the pledgor and the pledgee, and an authorized agent. , the agent’s seal and stamp should also be affixed.
3. A pledge contract for the exclusive right to use a registered trademark generally includes the following contents:
(1) Name and address of the pledger and pledgee;
(2) Type and amount of guaranteed claims;
(3) The time limit for the debtor to perform its debt;
(4) Produce a list of registered trademarks (listing the registration number, category and exclusive period of the registered 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 register a trademark must beIt must be signed by the legal representative. If it is not signed by the legal representative, a special authorization document for the person to sign the contract must be attached.
"Registration Certificate for the Pledge of the Exclusive Right to Trademark" Receive
The application registration documents are complete and meet 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 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.
"Trademark Exclusive Right Pledge Registration Certificate" can You can collect it directly from the Trademark Office or by mail. 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.
The above is compiled for you by the editor of Legal Savior Network The relevant knowledge about "the process of applying for registration of pledge of exclusive trademark rights" is introduced in detail in the article. I hope it can help answer your doubts. If you have any questions, please feel free to seek legal consultation on this website.
