If you need a loan you can sign a pledge agreement and use your trademark application or registration as a collateral.
The person or business that gives you the loan will take your trademark application or registration as a collateral for the loan.
You can use the following as collateral for a pledge agreement:
- registered Swedish trademarks
- Swedish trademark applications
- international trademark registrations within the Madrid Protocol
- international trademark applications valid in Sweden.
Pledge, agreements and requirements
The pledge is valid when the pledge agreement has been registered with PRV. You can transfer, license or add another pledge agreement to a trademark application or registration that has already been pledged.
A new owner, pledgee or licensee is bound by the pledge agreement in the same way as the one transferring the trademark, although no reservation has been made in the transfer. It is up to them to check whether the pledge has been registered in the trademark registry.
Who can be a pledgee?
Both natural and legal persons can be pledgees.
Who can submit the application?
Both the pledgor and the pledgee can apply for registration of a pledge agreement. A pledge agreement in original or certified copy is required.
What should be included in an application?
If you have pledged more than one trademark application/registration you must apply for registration of pledge agreement for each trademark, along with certified documents and the application fee. The application should include the following:
- the trademark application or registration number.
- the full name or company name of the pledgee (the owner of the trademark) - preferably with the corporate identification number.
- the full name and address of the pledgor (for example a bank).
- the date of the pledge agreement.
- if you have a representative a power of attorney in original is required.
When the pledge agreement has been registered in the trademark registry we will send a confirmation of the registration of the pledge agreement to the applicant.
When will the pledge agreement expire or become invalid?
There are several reasons that a pledge agreement can expire or become invalid. PRV can initiate the withdrawal or receive an application for withdrawal of a pledge agreement.
At PRV’s initiative
PRV can initiate withdrawal of the pledge agreement if:
- the trademark application has been refused or cancelled.
- the trademark application has been transferred due to better right.
- the applicant has withdrawn their trademark application.
- the trademark registration has not been renewed.
- the trademark has been declared invalid by the Patent and Market Court.
After application for withdrawal
A pledge agreement can expire or become invalid after we have received an application for withdrawal if:
- the pledge has been declared invalid by the Patent and Market Court.
- the trademark has been sold because the pledgor has not paid off the debt in time. In that case, a transfer agreement must be submitted and approved by PRV before the pledge agreement can be withdrawn. If the new owner of the trademark registration wants to be registered as the owner in the Swedish trademark registry they must apply for transfer, include required documents and pay the application fee.
- the pledgee lets PRV know that the loan has been payed off and the pledge agreement should therefore be withdrawn
Withdrawal of pledge agreement
You must apply for withdrawal of pledge agreement along with a confirmation from an authorized signatory. Identify which pledge agreement should be withdrawn, for example with the date of the agreement.
Transfer of pledge agreement
A pledge agreement can be transferred to a new pledgee. After the transfer the new pledgee can be recorded in the trademark registry.
Both the previous pledgee and the new pledgee can apply for transfer of pledge agreement.
A pledge agreement can only be transferred if the registered pledge agreement states that transfer of the agreement is possible.
If you have more than one trademark registration with a pledge agreement that should be transferred, a written application signed in original must be submitted for each registration. You must also include certified copies of the transfer agreement and pay the fee for each registration.
The following information is required in the application:
- the trademark registration or application number,
- the full name and address of the new pledgee (for example a bank),
- the transfer date for the pledge agreement,
- the applicant’s signature in original.
The fee for the transfer application is the same as for an application for registration of a new pledge agreement.
Fees and payment
If the applicant is a representative a power of attorney is required in original or certified copy.
When the pledge agreement has been transferred to the new pledgee PRV will send a confirmation to the applicant.