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Pledge of trademark exclusive rights

Legal analysis: Trademark exclusive rights refer to the exclusive rights that trademark owners enjoy over their registered trademarks in accordance with the law. Article 3 of the Trademark Law stipulates that a trademark approved and registered by the Trademark Office is a registered trademark, and the trademark registrant enjoys the exclusive right to use the trademark and is protected by law.

Contents of exclusive trademark rights. The content of trademark exclusive rights refers to the rights enjoyed by trademark registrants in accordance with the law, including the exclusive right to use a registered trademark, the right to prohibit, the right to transfer, the right to license use and the right to renew, etc. The most important of these are the rights of exclusive use and the right of prohibition. The exclusive right to use a trademark is the right of a trademark registrant to use its registered trademark on goods or services approved by the State Trademark Administration. The right of trademark prohibition refers to the right of a trademark registrant to prohibit other units and individuals from using a trademark that is identical or similar to the registered trademark on the same or similar goods or services as the approved goods or services without permission.

The pledge of the exclusive right to use a trademark means that the trademark registrant uses his or her exclusive right to use the trademark that is transferable in accordance with the law as a guarantee for the creditor's rights as a debtor or guarantor. When the debtor fails to perform the debt, the creditor has the right to The law stipulates that priority shall be paid to the price of the exclusive right to use the trademark at a discount or from the auction or sale of the exclusive right to use the trademark.

Legal basis: "Trademark Law of the People's Republic of China" Article 3 A trademark approved and registered by the Trademark Office is a registered trademark, and the trademark registrant enjoys the exclusive right to use the trademark and is protected by law.

Article 425 of the "People's Republic of China and Civil Code" To guarantee the performance of a debt, if the debtor or a third party pledges his movables to the creditor for possession, the debtor shall not perform the due debt. Or if the situation agreed by the parties to realize the pledge occurs, the creditor shall have the right to receive priority payment for the movable property.

The debtor or third party specified in the preceding paragraph shall be the pledger, the creditor shall be the pledgee, and the movable property delivered shall be the pledged property.