On November 9, 2011, the China Trademark Office (the
"TMO") has partially adjusted its
official website for the purpose of facilitating the public in
browsing and searching information about recordal of pledges of
exclusive rights to registered trademarks. The adjustments are in
respect of the place of the information, the means of disclosure
and the items of disclosure.
Thanks to such adjustments, the public may directly search
whether the exclusive right of a registered trademark is pledged in
the column "Use of Trademark Rights" on the TMO website,
including name of the pledgor, name of the pledgee, the
registration number of the pledged trademark, and validity period
of the pledge. Moreover, the pledge information in e-charts has
changed to web links below which the public may find a collection
of information of pledges as of November 2009.
It should be noted that certain requirements must be met for
filing a trademark pledge, otherwise the TMO will refuse, or even
cancel the completed recordal according to the Procedures for
the Recordal of Pledge of Exclusive Rights to Registered
Trademarks in the following circumstances: the contract of
pledge becomes invalid or cancelled, the right to use the pledged
registered trademark is no longer exclusive due to legal
procedures, submission of fraudulent certificate documents, or
pledges filed in any other misleading ways.
Furthermore, once the recordal of pledge is completed, the
pledgor or the pledgees still need to pay attention to carry out
procedures in future circumstances, such as change of pledge,
renewal of pledge, removal of recordal of pledge, and reissuance of
the recordal certification for pledge. When the name of the
pledgor changes, a change of registrant name recordal must be filed
to comply with the Regulation for the Implementation of China
Trademark Law, in addition to the recordal of change of
pledge. (Written by He Ran and Sophie Fu)
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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