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Trademark rights pledge loan: Is your trademark valuable?

Trademark rights pledge loans are a means of corporate financing. At present, many provinces, cities and regions in China encourage companies to use the intangible assets accumulated over the years to carry out financing cooperation. Major commercial banks also have certain creditworthiness requirements. The relatively high number of enterprises issuing pledged loans is mainly reflected in the fact that most enterprises have obtained provincial famous trademarks and well-known trademarks.

Currently, all banks that use intellectual property pledges to finance small and medium-sized enterprises have relatively low credit lines for loan companies. Taking Bank of Communications as an example, in this regulation on intellectual property loans, patent pledge loans adopt a comprehensive credit granting method. The credit limit for invention patent rights shall not exceed 25% of the appraised value, and the credit limit for utility model patent rights shall not exceed 25% of the appraised value. 15. The credit limit for trademark exclusive rights shall not exceed 50% of the appraised value. The maximum loan amount is 10 million yuan and the maximum term can be up to 3 years.

Trademark rights pledge loan is an innovative type of credit. It means that enterprises with brand advantages use the trademark rights that have been approved by the Trademark Office of the State Administration for Industry and Commerce in accordance with the law as pledges and obtain loans from banks. A method of obtaining a loan and repaying the principal and interest of the loan at an agreed interest rate and period.

The loan targets are legal persons, other economic organizations and natural persons that hold a "Trademark Registration Certificate" and have been registered in accordance with the law, and have obtained well-known trademarks or provincial famous trademarks, and have a record of continuous profits for three years. The value of its trademark exclusive rights has been confirmed by a specialized trademark evaluation agency. During the validity period of the trademark exclusive rights, in principle, it can apply to the bank for a short-term working capital loan within one year and a medium and long-term loan not exceeding 50% of the value of its trademark exclusive rights. No more than 3 years.

Preparation of application materials for trademark right pledge

1. Application for registration of pledge of exclusive trademark right (multiple registration numbers that need to be pledged can be stated in one application);

2. A copy of the business license of the pledgor and the pledgee (subject to annual inspection and validity);

3. A copy of the "Trademark Registration Certificate", if the registrant If there is any change, a copy of the relevant certificates should also be attached;

4. The original or notarized copy of the trademark exclusive rights pledge contract and the main contract (if the contract is signed by a person authorized by the legal representative, relevant documents should also be attached) Authorization document);

5. Trademark evaluation report issued by an evaluation agency with experience in intangible asset evaluation;

6. Submit trademark agency letter of attorney issued by both parties

Process for applying for a trademark pledge loan

1. The trademark registrant should submit a loan application to the bank with the "Trademark Registration Certificate" and other relevant materials required by the bank;

2. After receiving the borrower's loan application, the bank shall investigate and verify the borrower's purpose of the loan, the authenticity of the credit status, repayment ability information, and the basic situation of the pledged trademark, and respond to the borrower in a timely manner;

3. If the borrower reaches a preliminary loan intention with the bank, the borrower shall entrust a trademark evaluation agency recognized by the bank to issue a trademark value evaluation report, and sign a loan contract with the bank with the report and relevant materials;

4. After the bank and the trademark registrant sign a pledge contract, both parties should apply to the Trademark Office of the State Administration for Industry and Commerce for registration procedures for the pledge of exclusive rights to the trademark within 15 days from the date of signing the written pledge contract;

5. Execution of the loan Contract;

6. The borrower shall submit the basic information on the registration of pledge of exclusive trademark rights to the Industrial and Commercial Bureau for filing.

List of documents required for trademark right evaluation

1. Corporate business license, tax registration certificate

2. Company profile (3 to 5 pages)

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3. Introduction to the legal representative, organization chart, and equity structure chart

4. Enterprise quality system certification certificate

5. Internal newspaper of the enterprise (in the past two years)

6. Publicity and reporting materials of the company and products by major news media

7. The company’s main award certificates and trademark product award certificates

8. The industry in which the company operates Newspapers and magazines

9. Summary of the company’s work in the first two years

10. Statistical tables of production and sales, sales, total profits, and net profits in the first five years

11. Market share in the past five years (market survey statistics)

12. Main product characteristics and process flow of the company

13. Main management systems and technical product research and development of the company System, marketing system

14. Corporate sales network structure and distribution diagram

15. Advertising expenditures on TV stations, radios, newspapers, outdoor, etc. in the past five years (large amounts for copying Original invoice)

16. Trademark registration certificate and related legal change documents

17. Interpretation of trademark patterns

18. Enterprise financial statements (assets and liabilities) for the past four years table, profit and loss statement)

19. The company’s future development plan

20. The company’s brand development plan

21. The company’s trademark product revenue forecast and details in the next five years Explanation

22. Enterprise’s main tax execution rates

23. Trademark renewal commitment letter and client’s commitment letter