Trademark is an intangible asset, because it is an asset and it will involve "buying and selling". Trademark transfer refers to the act of a trademark registrant transferring, selling or transferring the registered trademark to another person for ownership and exclusive use. If a registered trademark is transferred, the transferor and the transferee shall simultaneously apply to the trademark authority for transfer registration or valuation within six months after the transfer. Some countries stipulate that trademark transfer should be carried out simultaneously with the enterprise. China does not require the transfer of trademarks together with the enterprise, but it stipulates that the transferee should ensure the quality of the goods using the transferred trademark.

How to judge the value of a trademark?

1. How to judge the value of “old trademarks”?

The so-called "old trademarks" refer to trademarks that have been used, not previously applied trademarks. The "old trademarks" used by these businesses are more valuable because of their popularity. The value of an "old trademark" can be judged from the following four aspects:

(1) Trademark application time

The earlier a trademark is applied for, the higher its value will be. The earlier an "old trademark" is registered, the longer it will be used and the higher its popularity will be. "Old trademark" means "the older it is, the more popular it is."

(2) Look at the types of goods and services with trademarks

Goods and service trademarks are divided into 45 categories, including hot and cold categories. Generally speaking, due to the large number of registrations, it is difficult to successfully register trademarks in popular categories, so the value of such trademarks is relatively high. For example: Category 25 (clothing, shoes and hats), Category 30 (convenience food), Category 3 (daily necessities), Category 9 (electronic computers), Category 20 (furniture), Category 35 (advertising sales), etc.

(3) Check the validity period of a registered trademark

Article 39 of the "Trademark Law" stipulates: "The validity period of a registered trademark is ten years, calculated from the date of approval of registration. ”

When a registered trademark expires, the applicant can renew and continue to enjoy the exclusive rights to the trademark. The longer the validity period of a registered trademark, the higher its value. After all, no one wants to spend money renewing a trademark after purchasing it at a high price.

(4) Look at the process of trademark registration

Generally speaking, the more processes there are for trademark registration, the less stable the trademark will be and its value will be relatively small. Trademarks with more procedures, more objections, and invalidity claims should not be chosen!

2. How to judge the value of a “new trademark”

The so-called “new trademark” refers to a trademark that has not yet been used. These marks are mainly used by applicants to defend other marks or to register exclusively for trade purposes. The value of a "new trademark" can be judged from the following three aspects:

(1) Look at the time of trademark application

The later the trademark is applied for, the higher its value. Because the new trademark has not been used, it is easy for some companies or individuals to "revoke three". The earlier a new trademark is registered, the higher the risk of being called "revocation three" and the lower its value.

Note: Article 49 of the Trademark Law stipulates that if a registered trademark becomes the common name of the goods it has approved for use or has not been used for three consecutive years without justifiable reasons, any unit or individual may file a complaint with the Trademark Office Apply to cancel its registered trademark. This is what we usually call "withdrawing three".

(2) Check the classification, validity period and registration process of trademark goods/services

When we judge the value of a "new trademark", we can also check the classification, validity period and registration process of goods/services. The validity period of the registered trademark and the process of trademark registration begins. When it falls into the category of popular goods/services, the brand value is higher, the registration validity period is longer, and the registration process is less.

(3) Consider the consistency between the trademark and the enterprise

For "new trademarks", when the enterprise judges its value, it needs to see whether the trademark matches the enterprise's products or services. Whether it reflects the company's brand and culture. Generally speaking, a trademark with a higher degree of compliance has a higher value.

When a trademark buyer and seller determine a trademark transaction, how to judge the value of the trademark transfer. If you don’t understand the value of trademark transfer, you can go to Bajie Intellectual Property Trademark Network to learn more about trademark transfer!