How to register the pledge of trademark rights
According to the provisions of Article 75 of the "Security Law", the conditions for the pledge of exclusive rights to trademarks It is "transferable according to law". Enterprises are reminded to pay attention to the following issues when pledging 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 , whether it has been revoked, canceled or invalid and the exclusive right to use the trademark has been lost.
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, then It is also necessary that the pledgee who pledged earlier has priority in receiving compensation for the value of the trademark.
4. Identical or similar trademarks registered by the same registrant on the same or similar goods as the pledged trademark should 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.
Trademark right pledge registration process
According to the "Trademark Right Pledge Registration Procedure" formulated by the Trademark Office " stipulates that if the exclusive right to use a trademark that is transferable according to law is pledged, the pledgor and the pledgee must sign a written contract and register the pledge with their management department. The pledge contract will take effect from the date of registration.
1. Application for registration of trademark right pledge
The trademark right pledger and creditor shall sign a written Within 20 days of the contract, apply for pledge registration to the Trademark Office of the State Administration of Administration and submit the corresponding documents. The registration authority will 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 businessThe Trademark Office will issue a "Trademark Exclusive Rights Pledge Registration Certificate"; if it does not comply with legal requirements, it will not be registered.
2. Cancellation and change of trademark right pledge registration
In any of the following circumstances, registration The agency should cancel the registration of trademark right pledge: if the registration content is inconsistent with the facts; if it is found that there are reasons for non-registration; if the trademark right pledge contract is invalid.
If the applicant's name or address changes, or the pledge rights are transferred due to the transfer of principal claims and debts or other reasons, proof of the change should be submitted to apply for the exclusive right to trademark Pledge change registration, supplement, etc. or re-registration.
Currently, trademark rights pledge loans are favored by enterprises as a means of corporate financing. Trademarks are intangible assets of enterprises. Compared with credit loans, the interest rate of trademark pledge loans is low, which can save enterprises higher interest costs, and also greatly improve the financing space of enterprises, which greatly eases the financial burden of enterprises, especially many The problem of financing difficulties for small and medium-sized enterprises.
Process of applying for trademark pledge loan
1. The trademark registrant should hold the "Trademark Registration Certificate" Submit a loan application to the bank with other relevant materials required by the bank;
2. Investigate and verify the authenticity of the capability information and the basic situation of the pledged trademark, and promptly Respond to the borrower;
3. If the borrower reaches a preliminary loan intention with the bank, the borrower will entrust a trademark evaluation agency recognized by the bank to issue a trademark value evaluation report. And use the report and relevant materials to sign a loan contract with the bank;
4. After the bank and the trademark registrant sign a pledge contract, both parties should sign a written pledge contract on the date Apply to the Trademark Office of the State Administration for Industry and Commerce within 15 days to handle the registration procedures for the pledge of exclusive trademark rights;
5. Execute 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.
The above is the relevant knowledge about "trademark right pledge registration" summarized for you by the editor of Legal Savior Network. There is a detailed introduction in the article, I hope it can help you answer your questions. If your situation is more complicated, you are welcome to consult with a lawyer on this website.
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