How To Deal With Related Issues Of The Right To Exclusive Use Of Registered Trademarks

I. brief description

If a natural person, a legal person or any other organization has the right to exclusive use of its registered trademark, the pledgor and the pledgee shall conclude a written contract and jointly register the pledge with the trademark office.

The right of pledge is set up when the trademark office processes the pledge registration.

The Trademark Office does not collect fees for registration, alteration, extension and cancellation of the pledge of exclusive rights of registered trademarks.

Two, handling channels

There are two ways to apply for the transfer of registered trademarks:

(1) entrust a trademark agency to file a record with the trademark office.

(two) the applicant directly goes to the trademark registration hall of the Trademark Office (the applicant can also go to the office of the Trademark Office in Zhongguancun National Independent Innovation Demonstration Zone office. The address of the office is: Beijing, Haidian District, Suzhou Street, No. 36, Beijing City Administration for Industry and commerce two Hall registration hall).

Three. Book format of pledge registration

1. application for the registration of the right to exclusive use of trademarks.

2. application for registration of matters relating to the pledge of exclusive right to exclusive use of trademarks.

3. application for extension of registration right of exclusive right of trademark.

4. application for registration and cancellation of the right to exclusive use of trademarks.

5. application for renewal of registration certificate of exclusive right of trademark.

Four. Application steps

(1) preparation of application forms

1. application forms to be submitted

A. the application for registration of pledge shall be submitted as follows:

(1) application for the registration of the right to exclusive use of a trademark with the signature or seal of the applicant.

(2) the principal qualification certificate of the pledgee and the pledgee (a copy of the business license copy) or a copy of the natural person's identity certificate.

(3) the original contract of the main contract and the exclusive right of the registered trademark, or the photocopy of the notarization.

(4) a direct entrustment shall submit the power of attorney and the identity certificate of the principal; the entrusted trademark agency shall submit a letter of attorney for trademark registration.

(5) photocopy of the registration certificate of the quality registered trademark.

(6) the value assessment report of the exclusive right of the quality trademark, if the pledgee and the pledgee have reached agreement on the value of the exclusive right of the trademark, and submitted relevant written approval documents, the applicant can no longer submit it.

B. changes in the name (name) of the pledgee or the pledgor, as well as the change in the amount of the principal creditor's right guaranteed by the pledge contract, shall be submitted to the following documents:

(1) application for registration of the right to exclusive use of a trademark with the signature or seal of the applicant.

(2) the principal qualification certificate of the pledgee or the pledgee or a copy of the natural person's identity certificate.

(3) an agreement or relevant documentary evidence relating to the alteration of registration items.

(4) the original registration certificate for the right to exclusive use of trademarks.

(5) the power of attorney, the identity of the principal, or the letter of attorney for the trademark.

(6) other relevant documents.

If the name of the pledgor has changed, it shall also apply to the Trademark Office in the name of the registrant in accordance with the provisions of the regulations on the implementation of the trademark law.

After handling the application for alteration of the registration of the pledge, the Trademark Office shall return the original trademark registration certificate of the exclusive right to the exclusive use of the trademark, or reissue the registration certificate of the right to exclusive use of the trademark.

C. the application for extension of registration of pledge is submitted as follows:

(1) application for the extension of the time limit for the registration of the right to exclusive use of a trademark with the signature or seal of the applicant.

(2) the principal qualification certificate of the pledgee or the pledgee or a copy of the natural person's identity certificate.

(3) extension agreement signed by both parties.

(4) the original registration certificate for the right to exclusive use of trademarks.

(5) the power of attorney, the identity of the principal, or the letter of attorney for the trademark.

(6) other relevant documents.

After applying for the extension of the time limit for registration of the right of pledge, the Trademark Office shall return the original trademark registration certificate of the exclusive right to the exclusive use of the trademark, or reissue the registration certificate of the right to exclusive use of the trademark.

D. the application for cancellation of the registration of exclusive right pledge shall be submitted as follows:

(1) application for registration and cancellation of the right to exclusive use of a trademark with the signature or seal of the applicant.

(2) the principal qualification certificate of the pledgee or the pledgee or a copy of the natural person's identity certificate.

(3) the cancellation of the pledge registration agreement or the completion of the contract certificate signed by both parties.

(4) the original registration certificate for the right to exclusive use of trademarks.

(5) the power of attorney, the identity of the principal, or the letter of attorney for the trademark.

(6) other relevant documents.

After the expiration of the time limit for registration of the pledge, the registration of the pledge becomes invalid automatically.

2. specific instructions

(1) in accordance with the requirements of the application, one by one, and must be printed or printed, and produce multiple trademarks. In an application, the same and similar trademarks must be pledged together.

(2) the application for registration of pledge of exclusive right of trademark shall be stamped with the seal of both the pledgee and the pledgee, or the signature of the pledgee or the pledgee. The agent shall also affix the stamp of the agent to the agent.

(3) the pledge contract for exclusive rights of registered trademarks generally includes the following contents:

(1) the name and address of the pledgor and the pledgee;

2. Types and amounts of secured claims;

(3) the time limit for debtors to fulfill their obligations;

(4) a list of registered trademarks (including the registration numbers, categories and special periods) of registered trademarks.

The scope of guarantee;

Other matters agreed by the parties.

(4) the contract for the pledge of exclusive rights of the main contract and the registered trademark must be signed by the legal representative, and not signed by the legal representative.

(5) the above documents are written in foreign languages, and the Chinese translation should also be submitted at the same time. The Chinese translation shall be confirmed by the signature and seal of the translation unit and translator.

(two) application for submission

If the applicant directly handles the application, the application document shall be submitted directly to the application hall at the registration hall, and the trademark agency shall submit the application document to the trademark office.

(three) collection and replacement of the registration certificate of the right to exclusive use of trademarks

If the application for registration is complete and compliant, the Trademark Office shall accept it. The date of acceptance is the date of registration. Within 5 working days from the date of registration, the Trademark Office has issued the registration certificate of trademark exclusive right to both parties. The registration certificate for the right to the exclusive right to use a trademark contains the name of the pledgor and the pledgee, the registration number of the registered trademark, the amount of the secured creditor's right, the time limit for registration of the right of pledge, and the date of registration of the right of pledge.

The pledgee and the pledgee are lost. Pledge of exclusive right of trademark The registration certificate shall be submitted to the Trademark Office in time for application for renewal of the registration certificate, which shall be reissued by the trademark office.

The registration certificate of the right to exclusive use of a trademark can be obtained directly from the trademark office or mailed. The person who directly receives the registration or the authorized person who receives the registration of the right of pledge shall carry the identity card and the relevant authorization document. If it is entrusted to a trademark agency, the Trademark Office will mail or issue the trademark registration certificate to the trademark agency.

Five, matters needing attention

1. the address, zip code and telephone number of the applicant should be detailed and accurate, so as to ensure the delivery and convenience of the mail.

2. the name of the pledgor is inconsistent with the name recorded in the archives of the Trademark Office, and the relevant trademark can not be certified as a registered trademark owner. The Trademark Office shall not register.

3. if a contract is signed in violation of the mandatory provisions of laws and regulations, the Trademark Office shall not register.

4. the trademark exclusive right has been revoked, cancelled or has not been renewed at the expiration of the validity period, and the Trademark Office shall not register.

5. the trademark exclusive right has been sealed up or frozen by the people's court, and the Trademark Office shall not register.

6. the right to exclusive use of a registered trademark is being transferred for the purpose of making use of the application for registration, and the Bureau has not yet made the conclusion. If the pledgee agrees to continue the application, the written consent document should be issued to the Bureau. If the pledgee does not agree to continue to handle the application, the pledgee shall apply to the Bureau for registration of the right of pledge after withdrawing the above application to our bureau.

The right to exclusive use of a registered trademark for the purpose of making a pledge has been approved by the Bureau. The pledgee shall also issue a written document to our bureau to show the contents of the relevant record.

7. pledged Registered trademark For more than one item, the time limit for the registration of the right of pledge is preferably not exceeding the exclusive right period for the first time that the exclusive right of the exclusive right to apply for registration of the right of pledge is due. If the pledgee agrees that the registration period of the pledge is longer than the special time limit for some registered trademarks, it is necessary to submit the written consent document to our bureau.

The above contents were revised in May 2014. If there is any change in the future, or if the requirements for registration are not consistent with those of the Registrar, the requirement of registration personnel shall prevail.