Current location - Trademark Inquiry Complete Network - Trademark registration - Do banks accept pledge of trademark rights?
Do banks accept pledge of trademark rights?

Legal analysis: The exclusive right to use a trademark can be pledged. The pledge of trademark exclusive rights means that the trademark registrant uses the trademark exclusive rights that he owns and can be transferred according to law as a guarantee for the creditor's rights in his capacity as a pledgor. When the debtor fails to perform the debt, the creditor has the right to use the trademark exclusive rights at a discount in accordance with the law. Or, priority will be given to the price obtained from the auction or sale of the exclusive rights to the trademark.

Legal basis: "The People's Republic of China and the Civil Code"

Article 440 The following rights that the debtor or a third party has the right to dispose of may be pledged:

p>

(1) Money orders, promissory notes, checks;

(2) Bonds, deposit certificates;

(3) Warehouse receipts, bills of lading;

(4) Transferable fund shares and equity;

(5) Transferable property rights in intellectual property rights such as registered trademark rights, patent rights, copyrights, etc.;

( 6) Existing and future accounts receivable;

(7) Other property rights that can be pledged according to laws and administrative regulations.

Article 444: Where property rights in intellectual property rights such as registered trademark rights, patent rights, copyrights, etc. are pledged, the right to pledge shall be established when the pledge is registered.

After the property rights in intellectual property rights are pledged, the pledgor shall not transfer or permit others to use it, unless the pledger and the pledgee agree through negotiation. The price obtained by the pledgor from transferring or permitting others to use the property rights in the pledged intellectual property rights shall be paid off the debt in advance or deposited to the pledgee.