Is trademark pledge loan risky? There are legal risks. As long as tangible assets are not lost, it is relatively safe for commercial banks to recover loan principal and interest. Although the trademark right belongs to intangible assets, according to the provisions of the Trademark Law, even a registered trademark will be directly revoked or cancelled by the Trademark Office in some cases, and may also be revoked by the Trademark Committee, making the trademark lose its legal effect and become worthless. The trademark right is valid for ten years. Upon expiration, if the trademark registrant fails to apply for renewal within the time stipulated by law, the trademark will be cancelled and will not be protected by law.
Moreover, the Trademark Law also stipulates that if a registered trademark violates the relevant trademark prohibition provisions of the Trademark Law, it will be revoked by the Trademark Office. Please note the following provisions: 1. A registered trademark cannot be imitated or similar to other trademarks or well-known trademarks; 2. The registrant has registered another person's special trademark in its own name, and a third person raises an objection; 3. There is a geographical indication of the commodity in the trademark, and the commodity does not come from the geographical area of the mark, misleading consumers; 4. Applying for trademark registration damages others' prior exclusive right to use trademarks, and preemptively registers trademarks that others have used and have certain influence by unfair means; Therefore, the Trademark Review and Adjudication Board may decide to cancel the registered trademark at the request of the registrant or interested party of the business subject matter under the above four circumstances.
Moreover, the Trademark Law stipulates that in the use of a trademark, if the name, address or other registered items of a registered trademark are changed or the trademark is transferred by itself, a registered trademark that has been discontinued for three consecutive years may be revoked by the Trademark Office if the special registrant fails to make corrections as required by the Trademark Office.
Therefore, these situations will lead to the loss of the trademark owner's rights and the loss of the trademark guarantee value, which will greatly increase the risk of the bank's recovery of loans, and it is also risky. If you are not clear about the pledge of trademark rights, please consult Intellectual Property, and we will try our best to serve you!