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Is trademark right a fixed asset?

As a trademark registrant, you enjoy trademark rights. Trademark rights are very important to enterprises. If the trademark is well managed, the value of the trademark is immeasurable, but many people do not know much about trademarks. , then, is trademark right a fixed asset? Let’s learn more about it in detail.

1. Is trademark right a fixed asset? Trademark right or patent right is neither a fixed asset nor a current asset of the enterprise. It should be an intangible asset. Intangible assets refer to assets that are used by enterprises for a long time but do not have physical form, including patent rights, trademark rights, copyrights, land use rights, non-patented technologies and honors, etc. Intangible assets are special commodities that have value and use value. They can be transferred for a fee in the market and, over time, will bring huge potential profits to the enterprise. Therefore, taking protective measures for intangible assets and formulating savings plans are important means to prevent their loss.

2. What are the subjects of trademark rights? According to the current "Trademark Law of the People's Republic of China", there are five types of subjects of trademark rights: 1. Enterprises and institutions: Enterprises must be Industrial and commercial enterprises and public institutions that are registered in accordance with the law and can independently assume civil liability must have legal person status. 2. Social groups: social groups that provide services or are approved to produce, manufacture, process, select, or distribute goods that need to use trademarks. 3. Individual industrial and commercial persons who have obtained industrial and commercial registration in accordance with the law and can independently bear civil liability. 4. Individual partnership. 5. Foreigners or foreign enterprises (if they apply for trademark registration in China, they should handle it in accordance with the agreement signed between their country and China or the international treaty that China has jointly participated in or in accordance with the principle of reciprocity). To sum up, according to the current trademark laws, foreign natural persons (including those outside the mainland) can apply for trademark registration in China, but Chinese natural persons are currently not allowed to apply for trademark registration, nor are they allowed to use other people's registered trademarks.

3. Identification of trademark infringement 1. Use of a trademark that is identical or similar to a registered trademark on the same or similar goods without the permission of the owner of the registered trademark. 2. The act of changing the registered trademark without the consent of the trademark registrant and putting the goods with the changed trademark back on the market. This behavior is also known as "reverse impersonation" in theory. 3. Selling goods that infringe the exclusive rights of registered trademarks. Combined with the provisions of Article 56, Paragraph 3 of the Trademark Law: If you sell goods that are not known to infringe the exclusive rights of a registered trademark, you will not be liable for compensation if you can prove that you legally obtained the goods and explain the supplier. Therefore, this form of trademark infringement requires subjective knowledge by the seller. 4. The act of counterfeiting or making without authorization the registered trademark signs of others or selling the counterfeit or unauthorized made registered trademark signs. It should be noted that this infringement is a trademark infringement, including "manufacturing" and "sales". 5. Acts that cause other damage to the exclusive right to use registered trademarks of others. The above is a detailed introduction to you about whether trademark rights are fixed assets. According to the relevant provisions of the law, strictly speaking, trademark rights are not fixed assets. Trademark rights are intangible assets. As an enterprise, you should pay attention to the protection of intellectual property rights.