Trademark Office: Sixteen Questions on Registration of Trademark Exclusive Rights Pledge

2025-11-03
Recently, the Trademark Office of the China National Intellectual Property Administration summarized the common problems in pledge registration and prepared Sixteen Questions on Pledge Registration of Trademark Exclusive Right for the reference of the applicant.  

Sixteen Questions on Registration of Trademark Exclusive Rights Pledge

Intellectual property pledge financing is one of the important measures to help enterprises activate intangible assets, expand financing channels, and enhance innovation and development capabilities. In order to further improve the efficiency of trademark pledge financing, assist enterprises in overcoming difficulties, empower enterprises, and create a favorable business environment, a summary of common problems in pledge registration has been compiled, and the "Sixteen Questions on Trademark Exclusive Rights Pledge Registration" has been compiled for the reference of applicants.  


1、 What is the registration of trademark exclusive rights and pledge rights?  

A trademark business in which the registered trademark exclusive right holder pledges the registered trademark exclusive right to obtain a certain amount of financing loan, and the pledgor and pledgee jointly file a pledge registration with the Trademark Office.  


2、 Can only a paper application be submitted for the registration of trademark exclusive rights pledge?  
The registration of trademark exclusive rights can be processed online through the trademark online service system, and the parties can choose the processing method according to their own needs, recommending the use of electronic methods.  

3、 What are the ways to register the pledge of trademark exclusive rights?  

（1） The applicant shall submit an electronic application online through the trademark online service system on their own.  
（2） The applicant can go to the trademark business acceptance window where relevant acceptance business is carried out, or to the trademark examination cooperation center set up by the China National Intellectual Property Administration outside Beijing, or to the trademark registration hall of the China National Intellectual Property Administration.  
Please refer to the "Trademark Application Guide" or "Frequently Asked Questions" section of the China Trademark Network for specific addresses and contact information of trademark business acceptance windows and cooperation centers outside of Beijing.  
（3） The applicant entrusts a trademark agency registered in the China National Intellectual Property Administration.  

4、 What is the process of pledging trademark exclusive rights for loans?  

（1） Both parties agree on the loan intention.  
（2） Signing contracts mainly includes main contracts and pledge contracts. The main contracts are generally loan contracts, guarantee contracts, or credit contracts; The main contract and the pledge contract can be separate contracts, or they can reflect both aspects in one contract.  
（3） Both parties shall sign a pledge registration application and a commitment letter, as detailed in the "Trademark Application Form" column of the China Trademark Network's "Trademark Subsequent Business Form" text.  
（4） Pledge registration. The registration, modification, extension, and cancellation of the exclusive right to use a registered trademark shall be jointly handled by both parties involved in the pledge.  
（5） Obtain the pledge registration certificate and issue loans.  

5、 How many services do trademark exclusive rights pledge registration generally include?  

It generally includes four types of business. The first item is the registration of trademark exclusive rights pledge. The second item is the cancellation of the registration of the trademark exclusive right pledge. The third item is the registration change and extension of the trademark exclusive right pledge, including changes in name, changes in the amount of secured debt, and extensions of the trademark exclusive right pledge registration. The fourth item is to reissue the pledge registration certificate. In addition, there are special services such as supplementary pledge registration and secondary pledge registration.  

6、 Does the submitted file have a fixed format?  

The application forms and commitment letters for various businesses must be downloaded and printed on the official website of China Trademark Network in the application form - Subsequent Business. The specific contract and other documents do not have a fixed format and should be drafted by the applicant themselves. The basic content that should be reflected can refer to the relevant procedures for pledge registration in the Trademark Application Guidelines on the official website of China Trademark Network.  

7、 Do application documents have to be original?  

Original copies of official documents such as application forms and commitment letters are required. Contracts and other documents can be submitted in their original form, or in copies that have been signed and stamped by both parties (with fresh seals), and have the same legal effect as the original.  

8、 Why sign a commitment letter?  

The signing of the commitment letter follows the principle of disclosure commitment system, which is based on the true intention of both parties to sign the application documents. The pledgor should fulfill the obligation to inform the trademark status and possible risks, and the pledgee should be aware of the trademark situation and voluntarily bear the corresponding risks. This is conducive to the good operation of the business environment.  

9、 Is there a fee for registering the pledge of trademark exclusive rights?  

No fees are charged for any business related to pledge registration.  

10、 Is it necessary to evaluate the trademark and issue an evaluation report?  

Whether to evaluate is up to both parties to decide. No evaluation report is required when registering the pledge.  

11、 Do we need to pledge the same and similar trademarks of the proposed pledged trademark together?  

need. If the debtor is unable to repay the debt, the pledgee may dispose of the trademark through auction, sale, or other means to obtain a certain amount of money, thereby realizing the creditor's rights. When disposing of trademarks, it may involve trademark transfer or assignment business. According to Article 42 of the Trademark Law, identical and similar trademarks should be transferred together. Therefore, the requirements for pledging trademarks are consistent with those for transfer, and it is necessary to pledge the proposed pledged trademark and its similar trademarks together.  

12、 Are there any requirements for the registration period of the pledge?  

As the pledge contract for trademark exclusive rights is a subordinate contract, it should be signed after the main contract is signed. Therefore, the start date of the pledge registration period stated in the application and pledge contract cannot be earlier than the signing date of the main contract. The start date of the pledge registration period shall be based on the actual date of entry. To ensure the interests of both parties involved in the pledge, the deadline for the registration of the pledge stated in the application and pledge contract should be later than or consistent with the deadline of the main contract. If there is a risk of being unable to repay the debt before the expiration of the pledge registration, an application for extension of the pledge registration can be processed.  

13、 Can trademarks be pledged to different pledgees?  

Okay. The registration of trademark exclusive rights pledge can handle secondary pledge registration, tertiary pledge registration and other businesses, resulting in corresponding pledge registration order. When handling this business, it is necessary for the previous and subsequent pledgees to issue a statement of knowledge based on the basic materials, which should specify the specific details of the first pledge registration and indicate whether they agree to the second and third pledge registrations, so that both the previous and subsequent pledgees are aware of the corresponding pledge registration order.  

14、 Is the received pledge registration certificate in paper or electronic format?  

It depends on the registration and handling method of the trademark exclusive right pledge. If it is a paper application, a paper registration certificate will be issued; Electronic application and issuance of electronic registration certificate. Send one copy of the registration certificate to each party of the pledge.  

15、 Do I need to cancel the pledge registration after it expires?  

After the expiration of the pledge registration, the pledge registration will be automatically terminated without the need to cancel the pledge registration.  

16、 How long does it take to register the pledge of exclusive trademark rights?  

The China National Intellectual Property Administration will accept the application for registration if the application documents are complete and meet the requirements. The acceptance date is the registration date. The China National Intellectual Property Administration shall issue the Registration Certificate of Pledge of Exclusive Trademark Right to the applicant within 2 working days from the date of registration.  
If there are items that need to be corrected in the pledge registration application, the China National Intellectual Property Administration shall notify the applicant to make corrections; Those who do not meet the quality requirements will not be registered.  
Source: Trademark Office of China National Intellectual Property Administration
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