Guidelines on Trade Mark Right Pledge - 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
Released on September 1, 2009, and effective on November 1, 2009
In September last year, the State Administration of Industry and Commerce (SAIC) issued its first working guidelines regarding the Measures of Registration for Equity Pledge. One year had passed when the SAIC on September 24, 2009, promulgated another similar working guidelines on the registration for trade mark right pledge (referring to TM Right Pledge Measures, hereinafter). These TM Right Pledge Measures don't create new rules of having the TM pledged against the Property Right Law, but provide a few detailed registration procedures for people to refer to when they pledge the TM Right. These include:
· The registration of TM right pledge (in the form of a written contract) shall be filed with the Trade Mark Bureau (TMB) by the pledgor and the pledgee.
· There is a number of required documents for application.
· The TMB will run five (5) working days for the issuance of the Certificate of TM Right Pledge if the submitted documents are in compliance with the Property Right Law. If the TMB considers what the applicants has submitted is not in compliance with these measures, the TMB will give the applicants another 30 working days to supplement the documents. If the applicants fail to meet the deadline, this is deemed as giving up the TM right pledge application.
· TMB will reject the application of the TM right pledge if the name of the pledgee is not the same as what is recorded in the TMB, and the pledge cannot supply any support document for the name difference; the conclusion of the contract is in breach of the mandatory provisions of laws and regulations; TM right has been revoked, deregistered, or the time of the TM right is not extended; TM right has been sequestrated or frozen by the court; or others.