How to apply for the registration, change, extension and cancel of the pledge of exclusive rights of registered trademark

1. Application for registration of the pledge of exclusive rights of trademark

Natural person, legal person or other organizations who want to pledge his exclusive rights of registered trademark, pledgor and pledgee should conclude a contract in writing and register pledge in trademark office.

Application of pledge registration should be applied for by both pledgor and pledgee. They can apply for in trademark office or authoring trademark agency. Foreigners and foreign enterprises who has no habitual residence business office should author trademark agency.

Pledge goes into effect after registering pledge in trademark office.

A. Documents should be prepared

Application form for registration of pledge of exclusive rights of registered trademarks with applicant ' s seal or signature.

Copy of subject qualification certificate(copy of business license) or natural person ' s ID of both pledgor and pledgee

Original of main contract and contract of registration for pledge of exclusive rights of registered and copies authenticated.

Submitting authorization letter and identification paper of mandatary or proxy statement to trademark agency.

Copy of registration certificate of pledged trademark.

Evaluation report on value of pledge of exclusive rights of trademark. But, if the pledgor and pledgee reach an agreement on the value and submit relevant writing documents, applicant doesn ' t need to submit it.

If the documents are in foreign languages, Chinese translation should also be attached with the signature and seal of translator for confirmation.

B. Detailed requirements

A. Application form should be filed as requirements by typewritten or printed. If there are several trademarks being pledged, the same or similar trademarks should be pledged in the application form.

B. The application form should be stamped with both pledgor and pledgee ' s seal, or the signature of them. If authoring agent, the seal of agent is necessary.

C. The following should be included in the contract of pledge of exclusive rights of trademark

The name and address of name and address

The kind and amount of debt secured

T he time limit for the debtor to perform his obligation

The list of pledge of registered trademarks(with registration number, classification, exclusive period)

The scope of pledge

Other matters included in the contracted

D. Main contract and contract of pledge of exclusive rights of registered trademark must be signed by legal representative, and if signed by non-legal person, a special authorized with the signature should be attached.

C. Receiving Registration Certificate of Pledge of Exclusive Rights of Trademark

Trademark office accept the application that is complete and in conformity. The processing time is the register time. Within 5 days of processing time, trademark office will issue registration certificate of pledge of exclusive rights of trademark. On the certificate, there will be name of pledgor and pledgee, registration number of pledged trademark, amount of debt secured, registration deadline, registration date of pledge.

Certificate of Pledge of Exclusive Rights of Trademark can be received in trademark office or by mailing. If receiver should take ID and relevant authoring documents. If authoring trademark agency, the certificate will be mailed to the trademark agency.

D. Matters Needing Attentions

A. Address, postcode and telephone number should be correct for convenient contact and mailing the documents

B. If the name of pledgor is not consistent with the records, and without evidences that he/she is the obligee of the registered trademark, it will be rejected by trademark office

C. Signed contract which violates laws and regulations, will be rejected

D. Exclusive rights of trademark which are revoked, canceled or need renewed, will be rejected.

E. Exclusive rights of trademark which are closed down, frozen, will be rejected.

F. If the exclusive rights of trademark is transferring, or in filing application that allows other to use it, and don ' t get any conclusion from trademark office, if pledgee agrees pledgor to apply for, there should be writing documents. And if the pledgee doesn ' t agree pledgee to apply for, pledgor should register application after withdraw this application.

And even if the application that allows other to use the exclusive rights of trademark has been approved by trademark office, pledgee should also provide writing documents to show the relevant contents of it.

G. If there are several trademarks need pledging, the registration deadline should be within the deadline of the trademark whose exclusive rights will expire at the soonest. And if the pledgee agrees the deadline of registration pledge over that of exclusive rights of trademark, writing documents should be submitted.

2. The changes of pledge, the name of pledgee and pledgor, and main creditor's rights can be done with the following documents.

A. Application form for changing of pledge of exclusive rights of trademark with seal or signature of applicant.

B. Copies of subject qualification certificate of pledgee and pledgor, or copy of natural person ' s ID.

C. Agreements or relevant documents of change of registration affairs.

D. Primary Certificate of Pledge of Exclusive Rights of Trademark

E. Authorization letter, identification letter of mandatary or trademark proxy statement.

F. Other relevant documents.

Change of pledgor ' s name should be applied for in name of change of registrant according to Implementation of Trademark Law.

After applying for the change of pledge, trademark office will return the Certificate of Pledge of Exclusive Rights of Trademark with remarks or issue new certificate.

3. Applying for an Extension of Pledge of Exclusive Rights of Trademark

Pledgor and pledgee should apply for the extension before the deadline with the following documents.

A. Application Form of Extension of Pledge of Exclusive Rights of Trademark with seal or signature of applicant.

B. Copies of subject qualification certificate of pledgor and pledgee or copy of natural person ' s ID.

C. Extension agreement signed by both parties

D. Primary Registration Certificate of Pledge of Exclusive Rights of Trademark

E. Authorization letter, identification letter of mandatary and trademark proxy statement.

F. Other relevant documents.

Trademark office will return the Certificate of Pledge of Exclusive Rights of Trademark with remarks or issue new certificate.

4. Applying for canceling the pledge of exclusive rights of trademark

Canceling can be done with the following documents

A. Application form of Canceling the Pledge of Exclusive Rights of Trademark.

B. Copies of subject qualification certificate of pledgor and pledgee or copy of natural person ' s ID.

C. Recission of agreement signed by both parties or proof of implementing the contract.

D. Primary Certificate of Pledge of Exclusive Rights of Trademark

E. Authorization letter, identification letter of mandatary and trademark proxy statement.

F. Other relevant documents.

After expiration of time limit, the pledge registration will be lapsed automatically.


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