The Theory Of Trademark Pledge Legal System

This paper sets " trademark pledge " as the research object, which refers to trademark as a authority right, when the obligee don’t discharge of duty by the end of deadline, and the obligee pledge value of trademark to enjoy preferred payments from the rights pledge. And as an important part of Intellectual property pledge law system, trademark pledge system construction has great value in realizing intellectual property rights strategy in our country.This paper bases on the basic theory of trademark pledge system, and combine with the actual development present situation of trademark pledge loan business, think about the every detail of the whole process, the research methods applied are historical analysis, empirical analysis and value analysis. According to analysis of the main problems to find out the implied legal problems, analysing the risks of the pledge process, at last, on the basic of reference of foreign advanced experience, we can put forward our the reasonable suggestions and solutions.The article contains three parts:Part1. Statement of trademark pledge conceptTrademark pledge guarantees the obligee’s right come ture successfully, obligee or the third person pledge registration for exclusive right to use trademark. If the obligee fails to pay due debts, The obligee may sell preferred payments from the auction and other rights. It has the characteristics of the right impawn, the effective to register public for necessary condition, and has higher risk. At present, domestic related business in main links is to assess the value of trademark, and the pledge contract signing and registration, and the the disposal for obligee when he or she don’t discharge of duty by the end of deadline. The domestic representative trademark pledge, is as follows:" Dong fang yu hong " in Beijing," Su Wang " in Huai an,"Pi xian douban " and Shaanxi trademark pledge.Part2. Matters of law in trademark pledgeThere are some legal problems in the establishing of trademark pledge, which is range regulation is not clear for trademark pledge. The current law can not out of range of trademark clear rules. and it just said it is transferable according to law are pledged to exclusive use of a registered trademark. and lacking of guidance for the work of trademark pledge, and also, existing trademark isn’t perfect to the system of public pledge. In trading safety considerations, I suggest that Certificate of Registrationof Trade Mark should hand in to the obligee when set trademark pledge in order to manage reasonably for trademark pledgeAccording to the current law, the obligee lack of effective relief way. Because of trademark’s undulatory property and infringement, supervision appears particularly important during the trademark pledge,but laking of effective management now.When the obligee don’t discharge of duty by the end of deadline, the pledge right will face some risks. Trademark right value, because the legal system is not perfect, so, which leads to the arbitrary assessment is larger and the public related have doubt to trademark value evaluation results.Part3. According to the legal question during the work in trademark pledge and offer a proposal.The suggestion is explicit the scope of the trademark privileges with lawmaking, the role is that establishing of trademark pledge must hand in the Certificate of Registrationof Trade Mark. Establish recourse or subrogation right system in order to ensure the safe and effective during pledge trademark rights, and should give full play to the functions of the intermediary agencies to realize the pledge trademark dynamic and effective management. To further improve the domestic trademark trading platform and evaluation system,and guarantee the reasonable offer for impawn disposal system.