State Administration for Industry and Commerce, Provisions on the Procedure for Registration of Pledge of the Exclusive Right to Use a Registered Trade Mark

国家工商行政管理总局注册商标专用权质权登记程序规定

November 02, 2009 | BY

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Written contract needed for pledge of trade mark right.

Clp Reference: 5100/09.09.10 Promulgated: 2009-09-10 Effective: 2009-09-10

Issued: September 10 2009

Effective: as of date of issuance

Applicability: The Provisions shall also apply to counter-security and pledges up to a maximum amount (Article 16).

Main contents: Where a natural person, legal person or other organisation pledges its exclusive right to use a registered trade mark, the pledgor shall conclude a written contract with the pledgee, and shall carry out the procedure for the registration of the pledge with the Trademark Office. A pledge registration application shall be jointly submitted by the pledgee and the pledgor, either directly to the Trademark Office or through a trade mark agency upon entrustment. Foreigners or foreign enterprises that do not have a permanent residence or a place of business in China shall entrust an agency to handle registration (Article 2). The pledgor shall at the same time carry out registration for the same or similar trade marks registered for the same or similar commodities/services (Article 3). The Trademark Office shall set up a register of pledges for review by the relevant public (Article 15).

Related legislation: PRC Property Law , Mar 16 2007, CLP 2007 No.4 p.31; PRC Security Law , Jun 30 1995, CLP 1995 No.6 p.21; PRC Trademark Law (2nd Revision), Oct 27 2001, CLP 2001 No.10 p.75; and Implementing Regulations for the PRC Trademark Law , Aug 3 2002, CLP 2002 No.8 p.85

Repealed legislation: Registration Procedure for Pledge of the Exclusive Right to use a Trademark, May 6 1997 clp reference:5100/09.09.10promulgated:2009-09-10effective:2009-09-10

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