The State Administration for Industry and Commerce (SAIC) currently promulgated new provisions on the procedures related to the pledge of the exclusive right of trademark, which came into effect on November 1, 2009.
According to the new provisions, where natural persons, legal persons or other organizations pledge their exclusive rights of registered trademarks, written contract should be signed and registered in the Trademark Office under the SAIC. And the application for registration of pledge should be jointly filed by the parties. They can either file the application directly before the Trademark Office or entrust trademark agencies to do so. The foreigners or foreign enterprises that have no permanent residential places or working places should entrust agencies to submit pledge materials. The provisions also regulate that when the owner wants to pledge the exclusive right of registered trademarks to others, it should register the pledge for the same or similar trademarks used for the same or similar commodities or services.
Besides, the provisions also define the entity that is responsible for the pledge registration of exclusive rights of trademarks, the required documents, the contents of the contract, and the cancellation, change extension of pledge registration, etc.
