Obtaining a Security Interest in a Trademark: Comparison Under US and UK Practice

Obtaining a security interest in property of a borrower enables a creditor to mitigate risk. In both the United States and the United Kingdom, a validly executed security interest may enable a creditor to claim a right to the collateral in the event of a default or bankruptcy. A creditor must both obtain a security interest grant and “perfect” or “record” that interest so as to establish priority over non-secured creditors and other third-party claims to the asset.

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