Abstract: The exclusive right to use a trademark can be referred to as trademark right. It is a type of right and can be pledged. The pledge of trademark rights can bring us many uses. It is conducive to improving the financial innovation system, conducive to alleviating the financing difficulties of small and medium-sized enterprises, conducive to actively promoting independent innovation of enterprises, and conducive to promoting the commercialization of intellectual property rights. When pledging the exclusive rights to a trademark, careful and thorough investigation and evaluation must be conducted to avoid financial losses. Let’s take a look with the editor next. 1. What is the use of trademark right pledge?

1. It is conducive to improving the financial innovation system

The exploration and practice of loans need to be jointly promoted by the People's Bank of China and the Industry and Commerce Bureau , the innovative model of trademark right pledge is obviously different from the traditional vertical innovation model within the financial industry. It is based on administrative regions, highlights the role of meso entities, and has the characteristics of some horizontal alliances. It reflects the positive response of meso economic entities to technological progress, the initiative to promote financial innovation, and the cooperation between industrial economic management departments. Mutual collaboration also reflects the proactive innovation of meso-level financial entities in close integration with regional economic characteristics, and institutionally meeting 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 stages of growth, most small and medium-sized enterprises can only rent factories or equipment for production, and their own capital in the form of currency or physical objects does not exist. There are not many, and it is difficult to meet the bank's risk control requirements under the traditional credit system. 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 and further enhance technological innovation and Establish trademark awareness, maintain long-term market advantages, and provide long-term guarantee for the safety of bank credit funds.

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" Method (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 been attracted to Xiangtan for consultation or loan application. This has gradually produced an external diffusion effect, reflecting the effectiveness of independent innovation of small and medium-sized financial institutions.

2. What should be paid attention to when pledging exclusive rights to a trademark?

1. Conduct a careful and thorough investigation and evaluation of the rights status and value of the pledged trademark to avoid economic losses.

2. The creditor and the debtor must sign a pledge contract and its subordinate main contract. The content of the contract must be complete and comply with legal regulations. The pledge contract can be a separately concluded written contract, or it can be a guarantee pledge clause in the main contract, but it must include the type and amount of the guaranteed principal claim, the time limit for the debtor to perform the debt, the name, quantity, quality status of the pledge, the pledge The scope of the guarantee, the time for handover of the pledged property, etc.

3. Trademark Pledge Registration

1. Trademark Pledge Registration Department

The registration authority for the pledge of exclusive trademark rights is the State Administration for Industry and Commerce. The Trademark Office of the State Administration for Industry and Commerce handles the specific registration of pledge of exclusive trademark rights.

2. Trademark rights pledge registration conditions

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.

②The 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.

③Whether 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 has pledged previously will have priority. Compensated 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.

3. Registration procedures for trademark right pledge

① Conduct a careful and thorough investigation and evaluation of the rights status and value of the pledged trademark, including: the value of the pledged trademark; the pledgor It should be the legal owner of the pledged trademark; the pledged trademark should be a valid registered trademark; whether the pledge has been registered before or property preservation or enforcement measures have been taken by the people's court; whether the pledged trademark was allowed to be used by others before the pledge; whether it exists It may lead to loss of trademark rights, confirmation cases or litigation, or ownership litigation.

② Identical and similar trademarks registered by the same registrant on the same or similar goods and services as the pledged trademark should be registered as pledges together.

According to Article 25 of the "Regulations for the Implementation of the Trademark Law": "When a registered trademark is transferred, the trademark registrant shall transfer the same or similar trademark registered on the same or similar goods together." Therefore, when applying for pledge registration, the same similar trademark registered by the same registrant on the same or similar goods and services as the pledged trademark should be registered for pledge together to ensure that the pledged trademark can be transferred in accordance with the law, thereby ensuring that the pledgee If the debt is not paid, the pledged property can be liquidated to give priority to repayment.