The specific steps of the trademark right value evaluation procedure include these!

Maizhi Intellectual Property

2021-07-22 11:57

Focus

In real life, trademark right value evaluation The normal process requires the enterprise to prepare complete information required for evaluation, select an appropriate and appropriate value evaluation method, and conduct a value evaluation of the corresponding trademark right in accordance with the value evaluation procedures.

1. The evaluation of trademark rights can be carried out according to the following procedures

(1) Clarify the purpose of evaluation, which is the economic behavior of the trademark rights.

From the perspective of trademark rights transfer methods, it can be divided into trademark rights transfer and trademark rights licensing. The transfer of trademark rights means that the transferor gives up the trademark rights and transfers them to the transferee. In fact, the trademark ownership is sold. Trademark licensing means that the trademark owner who owns the trademark rights authorizes others to implement the franchise use of the trademark in accordance with the terms stipulated in the licensing contract without giving up the trademark ownership. Different methods of transferring trademark rights have different assessment values. Generally speaking, the assessed value of a transfer of trademark ownership is higher than the assessed value of a license to use the trademark rights.

(2) Collect relevant information from the client. The information collected includes:

1. Overview of the client (including business history and current situation); operating performance (including the previous 3 to 5 years) financial statements). 2. Overview of the trademark, including legal documents related to trademark registration, registration time, registration place, registration certificate number, protection content, trademark application scope, trademark type, trademark legal proceedings, trademark popularity, and whether the trademark has other Agreement etc. 3. The history, current situation and prospects of trademarked products, including market environment, industry conditions, reputation of trademarked products, market share, etc. 4. Trademark advertising, etc. 5. The client’s future business plan. 6. Future financial data forecasts, including: (1) production and sales forecasts; (2) cost and expense forecasts; (3) profit and loss forecasts. 7. The impact of relevant industrial policies, fiscal and taxation policies and other macroeconomic policies on it. (3) The main contents of market research and analysis include: 1. Research and analysis of product market demand. 2. Analysis of trademark status and prospects. 3. Analysis of the reputation and competition of trademarked products among customers. 4. Analysis of market share of trademarked products. 5. Financial status analysis, mainly analyzing and judging the current profitability of trademarked products, providing a basis for predicting future revenue development trends. 6. Risk analysis of changes in market environment. 7. Analysis of other relevant information. (4) Determine the evaluation method and collect and determine relevant indicators. The income method is often used to evaluate trademark rights. The income method to evaluate trademark rights mainly analyzes and determines the three indicators of income amount, discount rate and income period. The analysis and calculation of income and discount rate have been mentioned previously and will not be repeated again. The determination of the revenue period is a very important issue when evaluating trademark rights. The basis for determining the future profit period of a trademark right is the time when it obtains excess profits. The registration period is only for analysis reference and should not be used as a direct basis.

(5) Calculate, analyze, draw conclusions, and complete the evaluation report

2. List of materials required for trademark value evaluation 1. Corporate business license, tax registration certificate 2. Company profile (pages 3-5 )3. Introduction to the legal representative, organization chart, equity structure chart 4. Enterprise quality system certification certificate 5. Internal newspaper of the enterprise (in the past two years) 6. Publicity and reporting materials of the enterprise and products by major news media 7. Main awards of the enterprise Certificates, trademark product award certificates 8. Newspapers and magazines in the industry where the company is located 9. Summary of the company's work in the past two years 10. Production and sales volume, sales volume, total profit, and profit statistics table for each of the past five years 11. Market share in the past five years (Market survey statistics) 12. Characteristics of the company’s main products and process flows 13. Main management systems of the company, technical product research and development systems, and marketing systems 14. Structure and distribution of the company’s sales network 15. In the past five years, the company’s sales network on TV stations, radio stations, newspapers, and magazines Advertising expenditures on outdoor and other investments (copies of large original invoices) 16. Trademark registration certificate and relevant legal change documents 17. Interpretation of trademark patterns 18. The company’s financial statements (balance sheet, profit and loss statement) for the past four years 19. Future development of the company Planning 20. Corporate brand development plan 21. Forecast and detailed description of the company’s trademark product revenue in the next five years 22. The company’s main tax enforcement rates 23. Trademark renewal commitment letter, client commitment letter

3. Trademark rights Value Assessment Methods In the assessment of trademark rights, there are three commonly used methods (principles): 1. Replacement cost method, that is, under the existing technology and market conditions, the investment required to redevelop a trademark of the same value as a trademark A method of assessing the value of rights. It needs to add up the relevant advertising, pre-sales and after-sales service added value, relevant public welfare donations, etc. of the trademark right subject as the evaluation value of the trademark right. 2. The present value method of income, which uses the expected income of a specific trademark within its validity period as the assessed value of the trademark right. According to the provisions of my country's Trademark Law, a registered trademark is valid for 10 years and can be renewed upon expiration. There is no limit to the number of renewals. That is to say, as long as the trademark owner abides by the legal provisions, he can own the trademark forever. The evaluation of the present value of income method is only carried out during the validity period of the registered trademark, which has certain limitations. It does not reflect the actual continuous use and registration of the trademark. 3. Market comparison method, that is, through market research, select one or several trademarks that are the same or similar to the trademark being evaluated as comparison objects, analyze the transaction prices and trading conditions of the comparison objects, conduct comparative surveys, and estimate the method of evaluating the trademark value. . This method is very difficult to operate in practice, because the transaction of specific trademark rights is not public, and the items and conditions of the transactions between the two parties are often not known to others: even if some trademark rights transaction information can be obtained, the comparability is different. Very big. Because there are great differences in the scale, profits, product quality, operation and management level, after-sales service and advertising of each enterprise, it is impossible to make scientific and technological achievements