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How to calculate the trademark license fee?

Trademark licensing fee standard: calculated based on a percentage of the product selling price, usually 1-5; calculated based on product profit margin; calculated based on a certain amount negotiated by both parties. Regarding the question of what is the calculation standard for trademark license royalties, the editor will answer it in detail for you below.

1. What is the calculation standard for trademark license fee? 1. Trademark license fee standard: (1) Calculated based on the percentage of product selling price, usually 1-5; (2) Based on product profit margin Calculation; (3) Calculation based on a certain amount determined by both parties. 2. Legal basis: Article 3 of the Trademark Law of the People's Republic of China, a trademark approved by the Trademark Office is a registered trademark, including commodity trademarks, service marks, collective trademarks, and certification marks; the trademark registrant enjoys exclusive rights to the trademark rights, protected by law. The term "collective trademark" as mentioned in this Law refers to a mark registered in the name of a group, association or other organization for use by members of the organization in commercial activities to indicate the user's membership in the organization. The term "certification trademark" as used in this Law means that it is controlled by an organization with the ability to supervise certain goods or services and is used by units or individuals other than the organization to certify the origin of the goods or services. , raw materials, manufacturing methods, quality or other signs of specific quality. Special matters concerning the registration and management of collective trademarks and certification marks shall be stipulated by the industrial and commercial administration department of the State Council.

2. What should the trademark licensor pay attention to when performing the contract? 1. Pay attention to the control of product quality. The property value of a trademark lies in the reputation it enjoys. Allowing others to use the trademark means that the trademark reputation is attached to the licensee. behavior and the goods it provides. Therefore, quality control in licensing contracts is an extremely important aspect. 2. Pay attention to the review of licensee qualifications and product quality control. For licensors, they must first carefully select partners and allow those companies with better production capabilities, higher management levels, and stronger contract performance capabilities to serve as licensees. Before granting the license right, the licensor shall inspect and test the licensee's legal personality, production capacity, management level, product quality, etc. Products that do not meet the same quality standards as your own products cannot be sold and licensed. After the licensing contract is concluded, the licensor should pay close attention to the production and sales of the licensee to prevent any damage to the trademark reputation of the licensee in terms of product quality and after-sales service. 3. Pay attention to the maintenance of trademark rights. The licensor has the obligation to ensure the certainty and stability of the licensed trademark rights and to safeguard the licensee’s right to use. Specifically, the licensor should ensure that the registered trademark under the contract is authentic and reliable, is a commodity trademark or service trademark that has been reviewed and approved for registration by the trademark authority, and that the trademark is still within the validity period of legal protection. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or consult a professional lawyer.