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Contract of pledge

A registered trademark forms a part of the company's property in the same way as immovable property or equipment; and it means that the right holder may pledge it, if necessary.
For example, a trademark may be used in a bank loan contract, alongside with material property, as a collateral for guaranteeing the borrower liability. Then, if the right holder is unable to fulfill the obligations before a bank, the exclusive right to the trademark will pass to the respective pledgee.
In order to execute a transaction, the parties should conclude a contract of pledge and duly register it with Rospatent.

Obligatory provisions of a contract:

  • the subject of the contract (direct referral to the trademark, the number, series and date of issuance of the right-establishing certificate);
  • the value, according to assessment by the parties, of the exclusive right to the trademark;
  • indication that licenses or franchises granted by the holder of rights to this trademark;
  • the procedure to be used for levying execution upon the pledge.

For the state registration it is required:

  • to conclude a contract in three copies, one for each party and the third copy for the registering authority;
  • to pay the state fee;
  • to submit a request, a payment document and a contract of pledge to Rospatent;
  • the term for execution and issuance of a certificate of encumbrance on the pledge is app. 2 months.

We can recommend that you should entrust conducting the registration procedure in respect of a contract of pledge in Rospatent to skilled specialists – patent attorneys.

Our employees have necessary knowledge and extensive experiences in this field and help you save your time and efforts.