Trademark rights are the core of trademark law and refer to the rights enjoyed by trademark owners over legally recognized and protected trademarks. When a company is established, in addition to investing in the form of currency and land use rights, the company's promoters often also invest in intellectual property rights. Since intellectual property rights are an intangible and limited-term fund compared to currency and land use rights, in the In practice, the investment situation is more complicated.

1. The proportion of the capital contribution in the registered capital

The amount of the intellectual property contribution needs to be valued and calculated. Once approved by the sponsor, it will form a part of the unchanged registered capital. According to my country’s Company Law And relevant regulations also limit the proportion of intellectual property investment in registered capital, that is, the amount of investment based on industrial property rights (patent rights and trademark rights) and non-patented technology must not exceed 20% of the company's registered capital, which is a high-tech company. For a joint-stock company, the amount of capital contributed by the promoters in the form of industrial property rights and non-patented technology shall not exceed 35% of the company's registered capital. In addition, "high and new technology" shall be appraised or recognized by the national and provincial (ministry and commission) science and technology authorities.

2. Differences from the transfer of trademark rights

There are two ways for a newly established company to utilize the intellectual property rights of others. First, the intellectual property owner, as a shareholder, contributes capital to the company with the intellectual property; second, the intellectual property owner transfers the intellectual property to the company. The legal nature of the investment act and the transfer act are different, and the legal consequences are not the same. Knowing this, sponsoring parties can make choices that work to their advantage based on how the company utilizes the intellectual property.

3. Valuation of trademark right investment

Compared with other forms of investment, such as physical investment and land use rights investment, the value of intellectual property rights is difficult to determine. Physical objects and land use rights have corresponding market prices. Even if the physical objects have been used, there are corresponding depreciation calculation methods. However, in the technology market, there is no relatively unified market price. For example, if a trademark is more well-known than trademarks on similar goods or services, then this trademark will have a higher value than other trademarks. It is difficult to accurately calculate how much this value should be using a formula. Therefore, the evaluation of the intellectual property when investing with intellectual property is only a reference number for the sponsor to determine the price of its intellectual property. The final price is determined by mutual negotiation between the sponsors and the parties based on the evaluation amount. According to the provisions of my country's Company Law, investment in intellectual property rights must be evaluated and valued, and the property must be verified. The evaluation should be conducted by an asset appraisal agency with appraisal qualifications (including asset appraisal firms, accounting firms, audit firms, financial consulting companies, etc.) .

IV. Legal procedures for the transfer of rights

According to the provisions of the Company Law, those who invest with intellectual property rights must go through the transfer procedures for their property rights in accordance with the law, that is, go to the statutory agency to register the transfer of intellectual property rights. . If capital contribution is based on the ownership of a registered trademark, in accordance with the relevant provisions of the Trademark Law and the Implementing Regulations of the Trademark Law on the transfer and use licensing of trademark rights, the investor and the newly established company shall simultaneously apply to the Trademark Office and attach the "Trademark Registration Certificate" The apostille is issued to newly established companies and announced. If the investment is made with the right to use a registered trademark, the investment contract should be reported to the Trademark Office for filing.