1. Can a business name be pledged
1. In accordance with the relevant laws of our country According to regulations, trade names are not property rights, so trade names cannot be pledged. Rights that can be pledged generally have a certain price, such as trademarks, patents, etc.
2. Legal provisions: "Guarantee Law of the People's Republic of China"
420 Article 15 [Definition of movable pledge rights] To guarantee the performance of debts, if the debtor or a third party pledges his movables to the creditor for possession, and the debtor fails to perform the due debt or the circumstances agreed by the parties to realize the pledge occur, the creditor has the right to Priority will be paid to the movable property.
The debtor or third party specified in the preceding paragraph shall be the pledger, the creditor shall be the pledgee, and the movable property delivered shall be the pledged property.
2. What is trade name right
Trade name rights, also known as commercial name rights, refer to the rights that merchants have over their trade names, including the right to use the trade name and the exclusive right to use the trade name.
1. The subject of trade name rights is an independent commodity producer or operator who has obtained commercial subject qualifications in accordance with the law, and is single-minded. This means that agencies, groups, and individuals that are not engaged in commodity production and operation activities cannot become the subject of trade name rights; and although they are engaged in commodity production and operation activities, they have not obtained the qualifications of independent commercial entities, such as branches of a company, nor can they become the subject of trade name rights. Become the subject of trade name rights. The singleness of the trade name entity means that the same trade name can only be owned by one commodity producer and operator within the scope of approval, and there is no situation where multiple commercial entities share the right to a trade name. The trade name of a parent company can be used by several of its subsidiaries, but only the parent company has the right to transfer the trade name, and the parent company is the sole owner of the trade name.
2. The object of trade name rights is a trade name approved and registered in accordance with the law. Since most countries require the registration of a trade name as a necessary condition for a trade name to obtain legal protection, generally speaking, only a registered trade name can enjoy trade name rights. Article 29 of the German Commercial Code stipulates: “Every businessman is obliged to declare the commercial registration of his trade name and the location of his business office to the court in the jurisdiction where the business office is located.” Our country's regulations also stipulate that a trade name or enterprise name must be registered to obtain exclusive rights. However, some countries in the world stipulate that legal registration is not a necessary condition for obtaining trade name rights. For example, in Japan, the law divides trade name rights into two types: the exclusive right to trade names and the right to use trade names. The right to use trade names refers to trade names that have not been approved and registered. Such trade names cannot be the object of the exclusive right to trade names, and their users have no right to contest Others use the same or similar trade name.
3. The content of trade name rights has the dual attributes of personal rights and property rights. Trade name rights are inseparable from commercial subjects. Trade names are the incarnation of the legal personality of commercial subjects. Trade name rights are more personal than trademark rights and patent rights. At the same time, a trade name has the attribute of intangible property. A reputable trade name can bring certain economic benefits to the owner of the trade name, and the right to a trade name has the attribute of property rights.
The above is the relevant knowledge compiled by the editor of Legal Savior Network. According to the relevant laws of our country, trade names are not property rights, so trade names cannot be pledged. Pledged rights generally have a certain price, such as trademarks, patents, etc. If you have questions in this regard, you can come to the Legal Savior Network to consult a professional team of lawyers, who will give you the most accurate answers.
