In May last year, a piece of news that a Henan trademark maniac was going to open a restaurant was widely circulated. The main idea of ??the news is that Wang Qiang, who has been active in the front line of trademark registration, realized that transfer alone cannot maximize the benefits of trademarks. Therefore, it has changed the previous direct transfer model. When a company wants to purchase a trademark, it can participate in the subsequent development of the trademark in the form of a consultant or franchise. The holder can provide product design, marketing planning and other services. This is a new business cooperation model that takes trademark as the starting point.

The value of a trademark cannot be underestimated, but the growth of a trademark is very long. It is worth pondering how to get a share of the market share after the trademark has first grown, without making a fuss like Wanglaoji and Jiaduobao. The author of this article, Quan Master Meng Tan, uses trademark as a perspective to open a door for us to understand new business cooperation models, and also to avoid the tragedy of "helping others raise children".

For customers, one of the important ways to identify the source of goods is trademarks. The clearer and more independent its expression, the stronger the customer's recognition of the product, and the greater the value expression of the brand.

Peep business clues from trademarks

For example, Xiaomi. It is obvious to everyone that the brand value of "Xiaomi" is great, but the value is not due to the success of the name or the high cost of trademark application, but to the rich cultural connotation and commercial value of the Xiaomi brand. Assuming that the company "Xiaomi" was not originally called "Xiaomi" but was called "Dami", its brand value would be the same. But once the brand value is established, even if the operating entity goes bankrupt, the brand value can still be partially retained, such as Nokia, Kodak and Xiangyueqing.

Looking at the recent popularity of Wong Lao Kat and Jiaduobao, the brand value of Wonglaoji 15 years ago was not great. It was the business operations of the Jiaduobao team that enabled Wonglaoji products to be sold all over the world. This in turn pushed up the brand value of Wong Lo Kat. Unfortunately, the results of the court proceedings showed that Jiaduobao, which is not the owner of the trademark, cannot enjoy the value it adds to the brand as a market communicator.

This incident has made more and more companies and individuals engaged in marketing gradually realize that in addition to exchange for current sales commissions and dividends, the results of their work should also be shared with the subsequent market and development after early development. The part that adds value to the brand. Therefore, more and more corporate partners hope to enjoy the options and equity of the brand, or use other methods to bind long-term interests. However, options and equity cooperation usually go through protracted communication and discussion, and often even end on bad terms.

There is often a scenario where a company hopes to cooperate with a state-owned enterprise to promote a new product. However, the economic cost and opportunity cost of the initial investment are very large, but the other party is a state-owned enterprise and takes a shareholding approach. Obviously the operation is difficult; if it is only through sharing or dividends, the company is unwilling to be unable to enjoy the long-tail brand effect brought about by the cooperation between the two parties after the contract expires. Negotiations often reach a deadlock at this time.

Similarly, when R&D or product-based companies need to seek local partners in the destination market, the most common method currently used is for the company to subsidize part of the market costs, and the local partners will develop the market specifically and enjoy relative benefits. share rights; or a closer relationship is to establish a local company through a joint venture with a local partner. As the operating entity here, the local partner enjoys the share rights to develop the local market through the equity of the local company. In this case, the local partners are not able to enjoy the value-added part of the brand improvement of the entire product or service brought by their market development results; secondly, the trademark ownership of the product or service is often owned by the head office, and the subsidiaries are usually only authorized users. , facing the risk of brand withdrawal; third, the procedures for establishing a company, buying shares, etc. are very troublesome.

In another situation, company A has multiple product lines, each of which has an independent brand name. B only helps A promote one of the product lines. If B shares the entire company A, Maybe A is less likely to agree. In the case that B does not occupy A's shares, how can B obtain long-term protection of interests?

New business cooperation model: Trademark exclusive rights rule

Under these circumstances, This problem can be solved well if both parties jointly own the trademark and jointly operate and build the trademark brand.

So how does a trademark work as a carrier of commercial cooperation?

Usually, both parties can first discuss a brand name for mutual operation. This name can be distinguished from the original brands of both parties. ; Both parties (or joint ventures of both parties) serve as the owners of the trademark. The two parties also need to further stipulate through an agreement the proportion of investment in the operation of the trademark and brand, and the share of the profits from the trademark (which can be in accordance with any proportion stipulated in the agreement. In the actual operation process, the proportion of investment by both parties in the cooperation process, and the share of the other party's profits will be determined by the agreement. Depends on the degree of dependence), the conditions for one party to withdraw, the conditions for introducing a third party (how to add more partners), the decision-making mechanism for the use, transfer or assignment of various rights and interests in the trademark involved, etc.

Take the entry of overseas companies as an example. Usually the names of overseas companies spread overseas are not in Chinese. In order to expand the market, many companies will re-register the corresponding Chinese trademarks for operations. If the partners are relatively strong, It is a better way to protect your own interests by establishing a Chinese trademark with an overseas company. If it is operated by establishing a joint venture, the partners must ensure that the joint venture company owns the Chinese trademark, and Not just a license.

There is also a situation where it is inconvenient for a certain partner to appear in the company directory as a shareholder (all-powerful netizens never forget to go to the website of the Industrial and Commercial Bureau to check these corporate relationships) , but many companies or investors consider indirectly participating in the distribution of company interests by holding trademarks, but obviously this is a feasible, legal, and more covert cooperation model.

The cooperation model with trademark as the core can also be well applied to many small vertical fields. Especially in the vertical field, the price difference between unbranded products and branded products is huge, that is, the brand premium is very high. However, the millions or even large amounts of money required to operate a successful brand are often beyond the reach of a single company. However, if you consider cooperating with other players, interest negotiations will be difficult and it will be difficult to quickly promote cooperation. This more operational model is to collectively operate a brand and investors can jointly use the brand. As for who earns more and who earns less, it depends on the individual’s market management ability. It is not an exaggeration to name this model the brand crowdfunding model. In this case, the brand crowdfunding agreement should state: the positioning of the brand (target customers, high-end product positioning or low-end product positioning), each crowdfunder’s rights and interests in the trademark (ownership, right to use, whether it has rights that can be independently licensed to others, how to allocate subsequent brand licensing fees), and management methods for brand joint operations (who will perform brand operations, who will evaluate brand operation results, and who will ensure that fees are spent according to regulations) , whether there are exit and entry modes for ownership (how to become the new owner of the trademark, or how to exit). The specific content of the agreement can be determined according to the purpose of the crowdfunding initiator or participant.

Indirectly accessing the market and R&D results of private enterprises through the use of proprietary trademarks and other intellectual property rights, it can become a method for partners who want to quickly reach cooperation and speed up pilot trials. Choose the means, and if it fails, it is simple and easy to separate.