The exclusive right to use a trademark can be pledged, and the trademark right must be evaluated before pledge. I believe many people are not familiar with the evaluation of trademark rights. In practice, how to evaluate trademark rights and what are the evaluation methods of trademark rights? Please follow Bian Xiao to learn more.
1. What are the evaluation methods of trademark rights?
In the evaluation of trademark rights, there are three common methods (principles):
1, replacement cost method, that is, under the existing technical and market conditions, the investment needed to re-develop a trademark with the same value is used as a method to evaluate the value of trademark rights. It is necessary to add the relevant advertising publicity, the added value of pre-sales and after-sales services and the relevant public welfare relief donations of the trademark right subject as the evaluation value of the trademark right.
This method of evaluating trademark rights is worth studying. First of all, generally speaking, the expenses incurred by enterprises in applying for trademark registration and trademark advertising have been allocated to the production and operation costs of enterprises. Is it appropriate to re-evaluate the trademark right in the evaluation? Secondly, trademark right is an intangible property right, which is exclusive and exclusive. Different from general property, goods can be owned by different people at the same time. According to the Trademark Law, the same and similar trademarks shall not be used on the same and similar goods or services. Therefore, resetting the trademark is unreasonable in theory.
2, the present value method of income, that is, the expected income of a specific trademark within the validity period as the evaluation value of trademark rights. According to the provisions of China's Trademark Law, the period of validity of a registered trademark is 10 years, and it can be renewed upon expiration, and there is no limit on the number of renewals. That is, as long as the trademark owner abides by the law, he can always own the trademark right. The evaluation of the present value method of income is only carried out within the validity period of registered trademarks, which has certain limitations. Does not reflect the actual situation of the continuous use and registration of the trademark.
3. Market comparison method Market comparison method, that is, through market research, select one or several trademarks that are the same or similar to the evaluated trademarks as comparison objects, analyze the transaction prices and trading conditions of the comparison objects, conduct comparative investigations, and estimate and evaluate the value of trademarks. This method is difficult to operate in practice, because the transaction of specific trademark rights is not open, and the items and conditions of the transaction between the two parties are often unknown to others: even if we can know some trade information of trademark rights, the comparability is great. Due to the great differences in scale, profit, product quality, management level, after-sales service and advertising, it is impossible to compare and evaluate assets scientifically and reasonably.
Two, under what circumstances to evaluate the trademark?
(1) When transferring the trademark;
(two) the trademark right as an investment;
(3) When the enterprise is sold or divided;
(4) When the enterprise is a joint venture;
(5) When the enterprise is audited bankrupt;
(6) Other times when the value of a trademark needs to be calculated according to law.
With regard to the contents of trademark rights evaluation methods, Bian Xiao is here to sort it out for everyone, hoping to provide you with some help. However, it should be noted that in practice, not only the pledge of trademark rights needs to be evaluated, but also the transfer of trademark rights and trademark rights as capital contributions need to be evaluated.