Trademark On The Financing Guarantee System

These years, the financing difficulties of medium and small enterprises have become a problem which attracted widely attentions from the society. Especially after Financial Crisis, many enterprises are facing a shortage of funds difficult, leading to increased dependence on financing. Trademark guarantees, as a new way of Right guarantee, expand the financing channels for medium and small enterprises, promote the capitalization of mark, and truly change the "knowledge equity" into the "capital property".In the purpose of meeting the needs of social and economical development and promoting the development of trademark guarantees, Guarantee Law and Property Law of PRC made some principles about trademark guarantees. However, the system of trademark guarantees in law is imperfection, with the lack of maneuverability. With the lack of theoretical study, the development of this kind of guarantee was badly stunted, which is undoubtedly a waste of resources. To wake up the trademark rights, this thesis started with the analysis of the current situation of trademark guarantees in medium and small enterprises, and reviewed the system on theory level, especially put great efforts on the creation, scope and assessment of trademark in theory and practice, analyzed the status quo of operation and made some suggestions, with the expectation to provide certain assistance to the theory and practice study.This thesis, in addition to the introduction and conclusions, is divided into four chapters:The first chapter is about the basic theory of trademark. First, the writer introduces the norms of establishing the system of trademark guarantees, and then analyzes the feasibility and barriers of trademark guarantees.The second chapter is a study of trademark guarantees on Comparative Law. the writer wants to show that Trademark rights for guarantee is the general trend with positive significance, by introducing the rules on trademark guarantees in the major developed countries and in the international treaties. Meanwhile, the study will also play an important reference function on reflection on the system of trademark guarantees and construction of the Legislative in our country.ChapterⅢis about the legal analysis of the trademark guarantees system. First of all, it is about the value tropism of the Legislative. And on this basis, there are two other questions, the one is that the trademark right for guarantee is the right to pledge or mortgage in essence? For this issue, the writer will balance the interests between the parties in the trademark guarantees by analyzing the differences between the pledge system and the mortgage system, and then determine trademark guarantees in nature, so that we can clear the legal bases on the application of it. The other is whether the unregistered trademark could be used for financing by guarantee? The writer believes that we should step out from the symbol cycle, strengthen the protection of the unregistered trademarks and restrictively allowed some of them to be used for financing by guarantee.ChapterⅣis the further reflection and the final choice of our country's Trademark guarantee system. The writer points out the problems of the system design by analyzing the theory and practice in our country and puts forward some advises.In a word, although the tangible asset is the most important resources of guarantee, especially the grantee of estate is the principal mode, trademark guarantees have lots of energy. We should exploit them by establishing and improving the legislative and legal system of them.