How can the trademark exclusive rights pledge contract take effect?

We all know that conditions are required for a contract to take effect, so how can a trademark pledge contract take effect? Next, the editor of the Legal Savior Network has compiled some knowledge about this aspect for you. You are welcome to read it!

How can a trademark exclusive rights pledge contract take effect?

The trademark exclusive rights pledge contract takes effect when the two parties sign the contract, and The right to pledge the exclusive right to use a trademark becomes effective when the pledge contract is registered with the relevant competent authorities.

The effectiveness of the pledge contract and the effectiveness of the pledge rights are two different concepts. The former is a creditor's right and the latter is a security interest. The contract only needs to be reached by the consensus of both parties. It will take effect if they are consistent, and the effectiveness of property rights must go through the legal procedures of the authority. Our country's previous laws have not distinguished the two concepts, and it was not until the promulgation of the "Property Rights Law" that the distinction was determined.

[Legal Basis]

Article 79 of the "Security Law": Trademarks that can be transferred according to law If property rights in exclusive rights, patent rights or copyrights are pledged, the pledgor and the pledgee shall enter into a written contract and register the pledge with its management department. The pledge contract shall take effect from the date of registration.

Article 227 of the "Property Rights Law" If property rights in intellectual property rights such as registered trademark rights, patent rights, copyrights, etc. are pledged, the parties shall enter into a written contract. The right to pledge is established when the relevant competent authorities handle the registration of pledge.

After the property rights in intellectual property rights are pledged, the pledger shall not transfer or permit others to use them, except with the agreement of the pledger and the pledgee through negotiation. The price obtained by the pledgor from transferring or permitting others to use the property rights in the pledged intellectual property rights shall be paid off the debt in advance or deposited to the pledgee.

The above is the relevant knowledge compiled by the editor for everyone. If your situation is more complex, the Legal Savior Network also provides online lawyer consultation services. You are welcome to provide legal consultation.