Trademark pledge system takes the value of trademark as the guarantee to realize creditor's rights. In order to ensure the smooth realization of the pledge right, the chattel pledge system restricts the pledgor's disposal of the pledged property by transferring possession.
Similarly, the trademark pledge system also limits the disposition of trademark rights. In principle, it is one of the restrictive conditions to prohibit the pledgor of the trademark right from allowing others to use the trademark.
This restriction is embodied in the second paragraph of Article 227 of the Property Law. This paragraph stipulates: "After the pledge of property rights in intellectual property rights, the pledgor may not transfer or license others to use them, except with the consent of the pledgor and the pledgee through consultation. The pledgor shall pay off the debts in advance to the pledgee or deposit the proceeds from the transfer or permission of others to use the pledged intellectual property rights. " According to this article, during the period of trademark pledge, the pledgor permits others to use the trademark, unless the pledgor and the pledgee agree through consultation.
Some people in the legislative branch explained the prohibition of issuing photos in principle as follows:
"If the pledgor is allowed to freely transfer or license others to use the exclusive right to use its registered trademark and the property rights in intellectual property rights such as patents and copyrights, whether it is a paid transfer or a free transfer, whether it is a paid use or a free use, it will harm the interests of the pledgee.
Because on the one hand, the transfer fee and the fee for licensing others must belong to the pledgee, which is difficult to control and obtain; On the other hand, the pledgor has the right to transfer the property rights of intellectual property rights such as the exclusive right to use a registered trademark, patent right and copyright without restriction, which will inevitably lead to the decline of the property rights value of intellectual property rights such as the exclusive right to use a registered trademark, patent right and copyright, and the final result will inevitably harm the interests of the pledgee, which is not conducive to the realization of secured creditor's rights. "
Trademark transfer and trademark license are similar in nature, so trademark license needs negotiation between both parties, and trademark transfer also needs negotiation between both parties. Of course, under normal circumstances, trademark transfer is not allowed during the period of trademark pledge, and others vary from time to time and from place to person.