Registered trademarks just for use? There are uses you don't know!-Q&A.-Shenzhen deep trust patent Agency Co., LTD

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Registered trademarks just for use? There are uses you don't know!

Release Time：

2023-03-06

To be honest, the vast majority of people registered trademarks still stay in e-commerce, or brand creation! I also think that once the business fails, the product is discontinued, the company is closed down, the trademark is useless...

In fact, this is people's misunderstanding of the trademark. In other words, if you only register a trademark because of its use, then you don't understand the trademark!

In the intellectual property community, the trademark "waste into treasure" is really not a myth:

Trademark Tenant - Permission to use

Trademark license, that is, the trademark rights in whole or part of the "rent" to others, can also be understood as authorization, leasing, joining, as long as the two sides negotiate the conditions, sign a good contract, to the trademark Office can be filed.

There are three kinds of trademark license: exclusive license, exclusive license and general license, each of which is slightly different:

Exclusive use license - only the other party is allowed to use, although you have the trademark but can not use during the contract term;

Exclusive use license - a license granted to only one party, which can be used by both the other party and you;

General use license - you can authorize others to use it in addition to the other party;

In addition, you can also choose "full use license" or "partial use license" according to the wishes of both parties, for example, you registered the XXX trademark in the first, third and fifth categories, "full use license" means that you allow the other party to use the XXX trademark in all three categories. A "partial license" means that you only allow the other party to use your trademark in certain categories.

Trademark license

Transaction method: free negotiation, sign the license contract, and file with the Trademark Office;

Difficulty of realization：★★

Application scenario: 1. Shortage of working capital; 1. Insufficient productivity; 3. Do not want to lose trademark rights;

Successful cases: Guangzhou Pharmaceutical Group leased the "Wong Lao Ji" trademark to JDB, and the licensing fee was 4 million to 5 million yuan per year;

Features: 1. The price is set by oneself; 1. The license method shall be determined by oneself; 3. The authorized quantity shall be determined by oneself;

Notes: 1. Report to the Trademark Office for record; 1. Verify the qualification of the licensee; 3. The Licensee overuses and improperly uses the trademark.

Marked willfulness - transfer of trademark rights

The transfer of trademark is the act of the trademark registrant transferring the exclusive right of trademark to another party during the validity period of the registered trademark according to the prescribed procedures.

Forms of transfer: contract transfer, subsequent transfer, transfer by administrative order.

Trademark leasing

Transaction method: free negotiation, signing of the transfer agreement, application to the Trademark Office, approval after the transaction is completed;

Difficulty of realization：★★★

Application scenario: Trademark idle;

Success stories: Apple bought Proview's "ipad" trademark for $60 million;

Features: 1. The price is capricious; 2. Do not bear joint and several liability for use; 3. No risk of rejection;

Note: Submit to the trademark office for approval of the transfer, the cycle of 6 to 12 months.

Cash out of loan - pledge of trademark right

Trademark right pledge loan is a means of enterprise financing. At present, many provinces and cities in China encourage enterprises to use intangible assets accumulated over the years to carry out financing cooperation.

Taking Bank of Communications as an example, the current proportion of credit pledged by intellectual property rights is: The patent pledge loan adopts the comprehensive credit method, the credit amount of invention patent right does not exceed 25% of the appraised value, the credit amount of utility model patent right does not exceed 15% of the appraised value, the credit amount of trademark exclusive right does not exceed 50% of the appraised value, the maximum loan amount is 10 million yuan, and the maximum term can be up to 3 years.

Trademark pledge does not involve the change of trademark rights, after the trademark mortgage, the holder can continue to use the trademark, but it can not be casually "rented" or transferred until the loan is paid off.

Pledge of trademark

Transaction method: Apply for a loan from the bank, carry out trademark valuation, sign a contract after the two sides negotiate, go to the trademark Office for pledge registration, and the bank will issue loans after getting the pledge registration certificate.

Difficulty of realization：★★★★

Applicable scenarios: Enterprises that are short of working capital, need financing and have high brand awareness;

Successful cases: Hunan Heavy Beer Yipin Marketing Co., LTD., obtained 7 million yuan loan from Changde Branch of China Construction Bank through "Trademark right Pledge Registration Certificate";

Features: no decentralization, no decentralization, but also to lend money, while maintaining the house car and other fixed assets;

Registration Matters: The bank will review the trademark and evaluate the credit line, and the loan amount will be determined based on the valuation of the trademark.

Of course, the way of trademark "turning waste into treasure" is far more than this, I believe that as long as it is properly operated, it will be able to explore more potential value of trademarks, after all, business is the ultimate destination of trademarks.

Expertise is shared daily

《Trademark Act》The licensor shall supervise the quality of the goods on which the licensee uses its registered trademark. The licensee shall guarantee the quality of the goods in which the registered trademark is used. Where a person is licensed to use a registered trademark of another person, the name of the licensee and the origin of the goods must be indicated on the goods on which the registered trademark is used.

Source: Soft intellectual Property

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