In the eyes of most people, trademarks are the names and marks printed on products by companies and manufacturers. They are used to sell products and advertise. If the product is discontinued or the boss changes careers, these trademarks will also It becomes useless. However, Bajie wants to tell you, don’t underestimate trademarks. In addition to promoting and distinguishing sources, trademarks can also directly turn into free money! Even if the factory closes down and the boss runs away, trademarks are still a priceless treasure!
You can make money in any industry, and even small trademarks can be monetized!
1. Transfer of trademarks
Transaction method: Intellectual property rights agency, free negotiation
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Difficulty of realization: ★★
Applicable situations: Enterprises and individuals who own idle trademarks and no longer want to use them
Operation method: Both parties sign a transfer agreement and *** Just file an application with the Trademark Office and publish it after approval by the Trademark Office.
Notes:
1. Trademark transfer must be approved by the Trademark Office before it can be legally protected. Otherwise, the transfer will be deemed invalid
2 , if the registered trademark is transferred together with the same entity, the trademark registrant shall transfer the similar trademark registered on the same kind of goods, or the same or similar trademark registered on similar goods.
3. If a third-party licensed trademark transferor is licensing others to use its registered trademark, it must obtain the consent of the licensee before transferring it to a third party. To put it simply, if you have a trademark that is used by others, if you want to transfer it at this time, you need the consent of others.
4. The transfer cannot be terminated. The transfer of a trademark cannot be suspended. Both parties have submitted an application. If it is to be revoked, it can only be transferred twice. The trademark can be transferred to the original transferor. This is the only method. .
Special suggestion: From the perspective of transfer security, we recommend that the transfer be notarized.
2. License
Transaction method: Intellectual property rights handling, free negotiation
Difficulty of realization: ★★★
Applicable situations : Capital turnover is limited, working capital is short, productivity is insufficient, and you don’t want to lose the trademark rights.
How to operate: After the two parties sign a trademark license contract, the trademark owner reports the trademark license to the Trademark Office for filing. It can be announced by the Trademark Office.
Notes:
1. The trademark licensee must have the trademark applicant qualifications stipulated in the "Trademark Law";
2. A trademark licensed to others It must be the registered trademark of the trademark registrant;
3. The trademark licensed to others should be consistent with the registered trademark;
4. The goods specified by the trademark licensed to others must not exceed The scope of the trademark’s approved use of goods/services;
5. The term of the trademark licensed to others should be within the validity period of the registered trademark;
6. Whether permission is allowed should be clearly stated in the contract Terms of Sublicense by Licensee.
Special recommendation: When signing a trademark license contract, file it with the local industrial and commercial authorities.
3. Trademark shares
Transaction method: free negotiation to transfer trademark or license
Difficulty of realization: ★★★★
Applicable situations : First, it is a shareholding of trademark ownership; second, it is a shareholding of trademark use rights. Price your trademark into shares and turn the trademark in your hand into a chicken that can lay golden eggs.
Operation method:
1. Intellectual property evaluation (the evaluation company issues a report, usually completed within 7 working days),
2. Sign a trademark transfer or Licensing (intellectual property rights handling),
3. Supplement other materials as required by the Industrial and Commercial Bureau (completed by the company) - Submit to the Industrial and Commercial Bureau,
4. Wait for approval (4 working days) -Issuance of new business licenses.
5. Entrust an accounting firm to issue a capital verification report (it will take 3 working days to complete all the information)
6. Go to the tax bureau to change the tax registration certificate.
Notes:
Generally, shares of trademark ownership are more common and easily accepted by the other shareholders, while shares of trademark use rights often occur when the trademark is relatively well-known. Otherwise, it will not be easy for the other shareholder to accept it.
In addition to investing the use rights in joint ventures to make profits, it is more common to separately license other companies to use your trademark for a fee. You can charge a trademark license fee every year, but it does not Participating in the management and dividend distribution of the other party's company is different from the trademark use rights mentioned above.
4. Pledge Loan
Transaction method: Apply for loan
Difficulty of realization: ★★★★★
Applicable situation: Insufficient funds , enterprises that are short of short-term liquidity and need financing
Operation method:
1. Submit a loan application to the bank;
2. After passing the review, the bank and trademark The registrant signs a written contract for the pledge of the exclusive right to use the trademark;
3. Both parties go to the Change and Renewal Office of the Trademark Office to go through the registration procedures for the pledge of the exclusive right to use the trademark;
4. Execute the loan contract;
p>5. The trademark registrant shall submit the basic information on the registration of pledge of exclusive trademark rights to the Industrial and Commercial Bureau for filing;
Notes:
Currently, only Bank of Beijing and Bank of Communications A small number of banks provide trademark pledge loan services, and the review is strict and the credit limit is low. Generally speaking, banks require loan recipients to be enterprises that have obtained well-known trademarks or provincial famous trademarks, have a record of continuous profits for three years, and have a professional The trademark evaluation agency issues a trademark right value evaluation report and issues working capital loans not exceeding 50% of the value of the trademark right to qualified enterprises based on the evaluation report.
Bajie reminds: Trademarks are important intangible assets for companies and individuals, but there is no fixed determination of the value of a trademark. Although a good-sounding trademark name can be exchanged for considerable benefits, when it comes to trademark licensing and mortgage loans, the quality and reputation of the goods and the overall strength of the company are the main factors that determine the value of the trademark. Therefore, the trademark holder still needs to Use trademarks actively and standardizedly to maximize the value of the trademark, so that you can occupy a more favorable position in future trademark licensing and transactions and obtain greater economic benefits.