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8.5.2 What steps need to be taken if the information of a pledgee changes or the pledge expires after pledge creation on the registered trademark has been recorded?

If the name, representative or address of a pledgee changes during the term of the pledge, an application for recordation of change of registered particulars may be made by referring to 7.3 and 7.4. If a pledge relationship terminates due to discharge of liability or other causes, an application for recordation of the termination of pledge shall be filed. Unrecorded pledges shall have no locus standi against any third party. (§44, Trademark Act; §40, Enforcement Rules of the Trademark Act)
The application shall indicate the trademark name, registration number, amount of creditors' rights, and the period of pledge creation (the applicant may download the application form from the website at https://topic.tipo.gov.tw/trademarks-tw/np-533-201.html, or purchase the application form in person at the Counter located on the 4th floor of TIPO at NT$2 per page (tel: (02)23767164, 23767165), or by postal remittance to A/C No. 0012817-7, pay to the order of "the Intellectual Property Office of the Ministry of Economic Affairs".

The application shall also include the following:
Government fee: NT$1,000 per application.
Letter of consent on pledge termination and other documents proving the extinguishment of the pledge (in the case of foreign companies, a Chinese translation shall also be submitted).
If a trademark agent is appointed, a power of attorney is required (if the power of attorney is in a foreign language, a translation thereof shall also be submitted).

  • Publish Date : 2008-04-24
  • Update : 2022-07-26
  • Organization : International Legal Affairs Office
  • Visitors : 475

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