Usually only people with exclusive rights to a trademark can pledge loans. The trademark must have a certain degree of popularity, influence, and market value before the bank will agree. Finally, the pledge must be reported to the Trademark Office for approval.
When applying for registration of pledge of exclusive trademark rights, the following documents should be submitted;
(1) "Application Form for Registration of Pledge of Exclusive Rights of Trademark" filled out in accordance with regulations (attached to the application form) ;
(2) Copy of business license of the pledgor and pledgee (subject to confirmation and seal by the issuing authority);
(3) Copy of pledge contract;
(3) Copy of pledge contract;
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(4) A copy of the "Trademark Registration Certificate" of the pledged trademark;
(5) If an agent is entrusted to handle the registration, the entrustment letter from the principal (the applicant *** agrees) must be submitted Letter;
(6) Other materials that should be submitted.
If the above supporting documents are false, the applicant shall bear legal responsibility.
A trademark pledge contract shall include the following main contents:
(1) Names (names) and addresses of the pledger and pledgee;
(2) The reason and purpose of the pledge;
(3) The pledged trademark and the period of the pledge;
(4) The value of the exclusive right to the pledged trademark and the national industrial and commercial administration The evaluation report of the trademark evaluation agency designated by the State Administration of Quality Supervision, Inspection and Quarantine;
(5) Other matters related to the pledged trademark agreed upon by the parties.
The registration authority will not register under any of the following circumstances:
(1) The pledgor is not the legal owner of the exclusive right to use the trademark;
( 2) The ownership of the exclusive right to trademark is unclear;
(3) Other violations of laws and regulations.
In addition, mortgage and pledge have different meanings. For example, if I pledge my watch to borrow money from you, I will give you the watch before you lend me the money. If you mortgage the watch, I still have the watch in my hand. There is no need to deliver it. I just need to register it with the relevant department and you will lend me the money. These two types of guarantees are different. Pledge is more conducive to realizing claims.