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Provisions on the Registration Procedure of the Pledge of the Exclusive Use Right to Registered Trademark (2020)

注册商标专用权质押登记程序规定

Type of laws Departmental rule

Issuing body National Intellectual Property Administration

Promulgating date Apr 22, 2020

Effective date May 01, 2020

Validity status Valid

Scope of application Nationwide

Topic(s) Intellectual Property Trademark Law

Editor(s) Lin Haibin 林海斌

The Provisions on the Registration Procedure of the Pledge of the Exclusive Use Right to Registered Trademark were promulgated on 22 Apr. 2020 and entered into force on 1 May 2020.

There are 16 articles in total, which aim to stipulate how shall the National Intellectual Property Administration process the pledge registration of the exclusive use right to registered trademark.

The key points are as follows:

  1. In case of the pledge of exclusive use right to registered trademark, the pledgor and the pledgee shall conclude a written contract and register the pledge with the National Intellectual Property Administration.

  2. A foreign individual or foreign enterprise without a habitual residence or business office in China shall entrust an agency to register the pledge right.

  3. After accepting the application and registering, the National Intellectual Property Administration shall issue the pledge registration certificate of the exclusive use right to trademark to both parties.

  4. The pledge right shall be established as from the date of registration.

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