Legal subjectivity:

Trademarks are intangible assets. In today's fierce business competition, the fight for trademarks is indispensable. Companies will try their best to apply for registered trademarks. 1. Conditions for the pledge of trademark rights Enterprises should pay attention to the following issues when handling the pledge of trademark rights: (1) The pledged trademark must be a valid trademark, so we need to know whether the trademark is still valid, whether it has been revoked, canceled or invalid. Loss of trademark exclusive rights. (2) The trademark is not restricted from transfer. If a trademark is seized by the people's court, during the seizure period, the trademark is in a state of restricted transfer, licensing or pledge. (3) Whether the trademark has been pledged before. A pledged trademark cannot be pledged again if its remaining value is insufficient. If the remaining value is sufficient to be pledged again, the pledgee who pledged previously needs to be given priority in receiving repayment of the trademark value. (4) Identical or similar trademarks registered by the same registrant on the same or similar goods as the pledged trademark shall be registered as pledges together. It is used to ensure that the pledged trademark can be transferred in accordance with the law, thereby ensuring that the pledgee can realize the pledged property and receive priority payment when the debtor fails to perform its debts. 2. What are the difficulties in realizing the pledge of trademark rights? The realization of the pledge of trademark rights has the following difficulties: (1) The relevant policies for trademark pledge loans lack operability; (2) At present, trademark pledge loans involve many commercial bank policies. It is principled and directional; (3) local governments have not done enough to promote trademark and intellectual property pledge loans, and corporate financing lacks policy environment guarantees; (4) the procedures for trademark pledge loans are not simple enough. 3. How to handle the pledge of trademark rights (1) If the exclusive right to use a registered trademark is pledged, the pledgor and the pledgee shall enter into a written contract for the pledge of the exclusive right to use the trademark and apply for registration with the Trademark Office of the State Administration for Industry and Commerce. The applicant for registration of pledge of the exclusive right to use a trademark shall be the pledger and pledgee of the pledge contract for the exclusive right to use the trademark. The pledgor and the pledgee can handle it themselves, or they can entrust a state-recognized trademark agency to handle the registration procedures for the pledge of exclusive trademark rights. (2) If the application documents submitted by the applicant are incomplete, the registration authority shall require the applicant to make supplements and corrections. If the application is not corrected or does not meet the requirements, it will not be accepted; if the application for registration is complete and the application procedures are in compliance with the regulations, the Trademark Office will accept it. The date of acceptance is the date of application. (3) The registration authority shall make a decision on whether to register within 5 working days from the date of accepting the registration application. If the registration conditions are met, the Trademark Office will register it and issue a "Trademark Exclusive Right Pledge Registration Certificate". Legal objectivity:

(1) The exploration and practice of trademark pledge loans is conducive to improving the financial innovation system and needs to be jointly promoted by the People's Bank of China and the Industrial and Commercial Bureau. This innovative model is different from the traditional financial system. The vertical innovation model within the industry is obviously different: it is based on administrative regions, highlights the role of meso entities, has the characteristics of some horizontal alliances, reflects the positive response of meso economic entities to technological progress, and attempts to promote financial innovation. The proactive actions and mutual collaboration between industrial economic management departments also reflect the active innovation of meso-level financial entities in close combination with regional economic characteristics, and institutionally meet the needs of micro-market entities for expanded credit guarantee methods. (2) It is helpful to alleviate the problem of financing difficulties of small and medium-sized enterprises. In the early stage of growth, most small and medium-sized enterprises can only rent factories or equipment for production. They do not have much own capital in the form of currency or physical objects, which makes it difficult to meet the bank's risk requirements under the traditional credit system. control requirements. Using trademark rights as loan collateral solves the problem of insufficient mortgage assets of small and medium-sized enterprises to a certain extent, thereby alleviating the problem of financing difficulties. Corporate trademark awareness is also increasing. (3) It is conducive to actively promoting independent innovation of enterprises. Through external evaluation of trademarks, small and medium-sized enterprises can truly understand their trademark competitive advantages in the market, further enhance technological innovation and establish trademark awareness, maintain long-term market advantages, and provide Bank credit fund security provides long-term protection. (4) It is conducive to promoting the commercialization of intellectual property rights and accelerating the transformation of intellectual property rights into productivity. In May 2006, Xiangtan City, Hunan Province issued the "Xiangtan City Trademark Exclusive Rights Pledge Loan Management Measures (Trial)".

In September 2006, at the National Intellectual Property Pledge Financing Work Seminar held in Xiangtan, an intellectual property pledge loan signing ceremony was held. Two private enterprises obtained a loan of 11.5 million yuan from the Xiangtan City Bank and Credit Department by pledging the exclusive rights to trademarks. After the trademark right pledge loan was promoted and applied in Xiangtan, it has received widespread attention and welcome from enterprises and government departments. Now, not only has a good atmosphere in Xiangtan City been formed in which the whole society respects knowledge, promotes the commercialization of intellectual property rights, and accelerates the transformation of intellectual property rights into productivity, More and more companies are applying for such loans from the sponsoring banks, and some foreign trademark rights holders have even attracted some foreign trademark rights holders to come to Xiangtan for consultation or to apply for loans. This has gradually produced an external diffusion effect, and at the same time, small and medium-sized financial institutions have appeared to provide guidance to branches. Recommend intangible asset pledge loans, state-owned commercial banks proactively apply to superiors to increase credit pledge methods, the provincial industrial and commercial bureau promotes it throughout the province, and the People's Bank of China head office focuses on research and promotion, etc. Various innovative interactive behaviors. It reflects the efficiency and vitality of independent innovation of small and medium-sized financial institutions. Affected by scientific and technological progress and the improvement of intellectual property transformation capabilities, Xiangtan City's economy has shown a good momentum of development. It should be noted that my country's "Security Law", "Property Rights Law" and other relevant laws stipulate that: first, a registered trademark must be transferable before it can be pledged, that is, registered trademark + transferable; secondly, a written contract must be concluded, oral or otherwise All contract forms are invalid; thirdly, the pledge must be registered with the Trademark Office, and the principle of effective registration is adopted. The pledge contract takes effect from the date of registration, and the pledge contract without registration is invalid; finally, after the trademark right is pledged, the pledger shall not Transfer or license others to use, unless the pledgee agrees to license the use.