Any industry can make money, and small trademarks can be realized!
I. Trademark Assignment
Transaction method: intellectual property rights are handled on behalf of others, and negotiation is free.
Liquidation difficulty: ★★
Scope of application: enterprises and individuals who have idle trademarks and do not want to continue to use them.
Operation method: both parties to the transaction sign the transfer agreement, apply to the Trademark Office, and make an announcement after approval by the Trademark Office.
Precautions:
1. Trademark transfer must be approved by the State Trademark Office before it is protected by law, otherwise it will be deemed as invalid transfer.
2. Where the registered trademarks are transferred together, the trademark registrant shall transfer the similar trademarks registered on the same commodity or the identical or similar trademarks registered on similar commodities together.
3. If the transferor of a third-party licensed trademark is licensing others to use its registered trademark, it must obtain the consent of the licensee before transferring it to a third party. Simply put, if you have a trademark for others to use, at this time, if you want to transfer it, you have to get the consent of others.
4. The transfer is irreversible. The transfer of a trademark cannot be suspended. Both parties submitted applications. If they want to cancel, they can only make a second transfer and transfer the trademark to the original transferor. This is the only way.
Special suggestion: From the perspective of transfer security, we suggest a notarization.
Second, the use license
Transaction method: intellectual property rights are handled on behalf of others, and negotiation is free.
Liquidation difficulty: ★★★★
Applicable situation: capital turnover is not open, liquidity is short, productivity is insufficient, and trademark rights are not expected to be lost.
Operation method: After the two parties sign the trademark license contract, the trademark owner will report the trademark license to the Trademark Office for the record, and the Trademark Office will make an announcement.
Precautions:
1, the trademark licensee must have the trademark applicant qualification stipulated in the Trademark Law;
2. The trademark licensed to others must be the registered trademark of the trademark registrant;
3. Trademarks licensed to others shall be consistent with registered trademarks;
4. The goods specified by the trademark licensed to others shall not exceed the scope of goods/services approved by the trademark;
5. The term of the trademark licensed to others shall be within the validity period of the registered trademark;
6. The contract shall clearly stipulate whether the licensee is allowed to sublicense.
Special suggestion: when signing a trademark license contract, file it with the local industrial and commercial authorities.
Third, trademark shares.
Transaction method: Free negotiation to transfer the trademark or license.
Liquidation difficulty: ★★★★★★
Application: First, the share of trademark ownership; The second is the right to use trademarks. Share the trademark at a fixed price and turn the trademark in your hand into a chicken that will lay golden eggs.
Operation method:
1. Intellectual property evaluation (the report issued by the evaluation company is usually completed within 7 working days),
2. Sign the trademark transfer or license (intellectual property is handled on behalf of it),
3. Supplementary other materials required by the Administration for Industry and Commerce (to be filled in by the enterprise)-submitted to the Administration for Industry and Commerce,
4. Waiting for approval (4 working days)-issue a new business license.
5. Entrust an accounting firm to issue a capital verification report (completed within 3 working days after the materials are complete)
6. Change the tax registration certificate at the tax bureau.
Precautions:
Under normal circumstances, the ownership of a trademark is shared and easily accepted by other shareholders, while the right to use a trademark often appears when the trademark is well-known, otherwise it will not be easily accepted by other shareholders.
In the operation of trademark use right, in addition to the profits of establishing a cooperative company with the use right, it is more common to license other companies to use your trademark with compensation. You can collect trademark license fees every year, but you don't participate in the management and dividends of the other company, which is different from the above trademark use rights.
Four. hypothecated loan
Transaction method: apply for a loan
Liquidation difficulty: ★★★★★★★
Application: enterprises with insufficient funds and short-term liquidity need financing.
Operation method:
1. Apply for a loan from the bank;
2, after examination, the bank and the trademark registrant signed a written pledge contract for the exclusive right to use a trademark;
3. Both parties shall go through the registration formalities of pledge of the exclusive right to use a trademark at the change and renewal office of the Trademark Office;
4. Sign the loan contract;
5. The trademark registrant will report the basic information of the pledge registration of the exclusive right to use the trademark to the Industrial and Commercial Bureau for the record;
Precautions:
At present, only a few banks, such as Bank of Beijing and Bank of Communications, provide trademark pledge loan services, with strict examination and low credit line. Generally speaking, the bank requires that the loan target be an enterprise that has obtained a well-known trademark or a provincial famous trademark and has a record of continuous profit for three years, and a special trademark evaluation agency will issue an evaluation report on the value of the exclusive right to use a trademark, and according to the evaluation report, it will provide qualified enterprises with a working capital loan that does not exceed 50% of the value of the exclusive right to use a trademark.
Bajie reminds: trademarks are important intangible assets of enterprises and individuals, but there is no very fixed judgment on the value of trademarks. Of course, a good brand name can bring many benefits, but in trademark licensing and mortgage loans, the quality of goods, reputation and the comprehensive strength of enterprises are the main factors that determine the value of trademarks. Therefore, trademark owners should actively and normatively use trademarks to maximize the value of trademarks, so as to occupy a more favorable position in future trademark licensing and trading and obtain greater economic benefits.