Announcement of the China National Intellectual Property Administration on Rules of Procedure for the Registration of Pledges of Exclusive Rights to the Use of Registered Trademarks

Announcement of the China National Intellectual Property Administration on Rules of Procedure for the Registration of Pledges of Exclusive Rights to the Use of Registered Trademarks
Announcement of the China National Intellectual Property Administration on Rules of Procedure for the Registration of Pledges of Exclusive Rights to the Use of Registered Trademarks

Announcement of the China National Intellectual Property Administration No.358

April 22, 2020

The Rules of Procedure for the Registration of Pledges of Exclusive Rights to the Use of Registered Trademarks, which have been formulated under the relevant provisions of the Real Rights Law, the Security Law, the Trademark Law and the Implementing Regulations of the Trademark Law for the purposes of continuing to optimize the business environment, further improving the standard of government services, maximizing the value of the exclusive rights to the use of a registered trademark and promoting high-quality development, are hereby promulgated and shall come into force on May 1, 2020.

Rules of Procedure for the Registration of Pledges of Exclusive Rights to the Use of Registered Trademarks

Article 1 These Rules are formulated under the relevant provisions of the Real Rights Law, the Security Law, the Trademark Law and the Implementing Regulations of the Trademark Law to maximize the value of the intangible assets involved in the exclusive rights to the use of a registered trademark and to promote economic development.
The China National Intellectual Property Administration (the “CNIPA”) is in charge of the registration of pledges of exclusive rights to the use of registered trademarks.

Article 2 Where a natural person, legal person or any other organization makes a pledge of an exclusive right to the use of a registered trademark, the pledger and the pledgee shall execute a written contract and register the pledge with the CNIPA.
An application for registration of a pledge shall be jointly submitted by the pledgee and the pledger (hereinafter referred to together as the “Applicant”). The pledgee and the pledger may apply directly to the CNIPA, or may authorize a trademark agency to apply on their behalf. Foreigners or foreign enterprises that do not have a habitual residence or place of business in China shall authorize an agency to apply on their behalf.  

Article 3 When registering a pledge of an exclusive right to the use of a registered trademark, the pledger shall also register any identical or similar trademark registered for an identical or similar product or service under the same pledge.
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请先同意《服务条款》和《隐私政策》