The Legal Risk And Prevention Of Certification Trademark Right Pledge

With the development of market economy,especially the rise of knowledge economy,intangible assets with intellectual property as the important content play more and more important role in economic construction.As an important category of trademark,it is proved that trademark also plays an important role in social and economic life.To a certain extent,it relates to the degree of product accepance,the quantity of product circulation and the success or failure of the manufacturer.China is a large country of certification trademark,has many economic value of certification trademark.The pledge of certified trademark can effectively promote the growth of knowledge economy.As a kind of special trademark,there are obvious differences between certification trademark and common trademark.At present,the academic circles have not clearly combed the nature of the right,the subject and object of the right,the power and the special form of tort,which is unfavorable to the construction and perfection of the legal protection system of the certification trademark in our country.The value of proof trademark pledge originates from its very high economic value and good goodwill.It clearly proves that the trademark is property as its content and is transferable,which is suitable for the pledge of rights.It is clear that the validity of the pledge of trademark rights should apply to the relevant provisions of the validity of immovable property mortgage in principle.In the process of certifying trademark pledge,in addition to the legal risks such as the formal validity of the contract during the pledge period,the invalidation period of the trademark right,and the evaluation and dynamic change of the trademark value,there are also legal risks,such as the pledge of trademark rights,and the scope of the certified trademark that can be pledged.Ownership is not clear and pledge during pledge and repeated pledge and other special legal risks.The crux of the legal risk in the pledge of proof trademark lies in the dualistic system of proof of ownership and right of use of trademark,which leads to the complexity of the legal relationship between the subject of proof trademark.At the same time in the legislative level and the administrative level of proof trademark pledge protection are missing.On this basis,in order to prevent the special legal risk of pledge of proof trademark,we should clarify the scope of pledged certification trademark from two angles of trademark type and trademark right,the relief right of the user of proof trademark and the conditions of transfer of certification trademark.As to the legal risk in trademark pledge,we should establish a standardized trademark evaluation system,and actively construct and improve the legal risk prevention mechanism of trademark pledge on the level of legislation and administration.