What is the basis for capitalizing trademark rights?

With the advent of the era of knowledge economy, intangible assets such as trademark rights have attracted increasing attention as investment tools. However, trademark rights are intellectual property rights, and as an investment tool, they are more complex than investing in tangible assets. What is the basis for capitalizing trademark rights? The editor of Legal Savior Network has compiled the following content to answer your questions. I hope it will be helpful to you.

What is the basis for capitalizing trademark rights

Trademark right is an important part of industrial property rights. Allowing a special investment method to be converted into industrial capital is mostly expressed in the form of industrial property rights in my country's relevant laws and regulations.

my country's "Company Law" stipulates , "Shareholders of a limited liability company can contribute capital in currency, or they can also contribute capital in kind, industrial property rights, non-patented technology, and land use rights." For industrial property rights as investment, evaluation and valuation must be carried out to verify the property, and the valuation must not be underestimated or overestimated.

The venturer can contribute capital in currency or in Buildings, factories, machinery and equipment or other materials, industrial property rights, proprietary technology, site use rights, etc. are valued and contributed.

Industrial property rights or know-how invested as foreign joint venturers must meet one of the following conditions:

(1) Can produce new products that China urgently needs or products marketable for export;

(2) Can significantly improve the performance and quality of existing products and increase labor productivity;

(3 ) can save raw materials, fuel, and power.

Regarding trademark rights, China's Trademark Law has always used the term "trademark exclusive rights", which mainly refers to the trademark registrant's exclusive right to use his or her registered trademark. Trademarks are exclusively used by the registrant and exclude others from illegal use, which is the basis and basis for the reputation of a trademark and Conditions. Creating a higher reputation is often an important condition for investing in trademark rights. Therefore, capitalizing trademark rights enriches and develops the content of exclusive trademark rights.

The economic significance of capitalization of trademark rights is reflected in the following three aspects:

First of all, the capitalization of trademark rights can give full play to the role of registered trademarks and promote the development of the market economy. For investors, using trademark rights to invest can reduce cash expenditures and obtain greater investment returns with less cash investment; it can expand the scale of production and operation of goods or services using registered trademarks, and further improve the reputation of the trademark. For acceptance For companies that invest in trademark rights, capitalizing trademark rights can make them directlyReceive the right to use famous brand trademarks, thereby opening up the market and expanding production and operations; accepting investment in trademark rights can also encourage companies to strictly use registered trademarks in accordance with the law, improve business management levels and the quality of goods or services, increase product varieties, and enhance corporate products or services market competitiveness.

Secondly, the capitalization of trademark rights can, on the one hand, Expand the scale of production and operation of well-known brand goods or services to meet the needs of consumers; on the other hand, companies that accept trademark investment must ensure the quality of goods or services in accordance with the law because of the use of registered trademarks, thereby protecting the rights and interests of consumers Be protected.

Thirdly, the capitalization of trademark rights can develop my country’s external Trade in goods and services, and expand international economic and technological exchanges and cooperation. my country's Foreign-Invested Enterprise Law stipulates that foreign investors can use their industrial property rights, including trademark rights, to invest and establish enterprises in China. This allows my country's foreign-invested enterprises to directly obtain the right to use well-known foreign trademarks without using or using less foreign exchange, thus strengthening the The export competitiveness of our country’s products. At the same time, for foreign businessmen, using trademark rights to invest is an important way of capital export, which can reduce monetary capital expenditures and reduce investment risks to a certain extent.

I believe that after reading the above introduction, you will know how to Now that you have a certain legal understanding of the responsibilities that need to be paid attention to, if you still have legal questions in this regard, please consult the lawyers of the Legal Savior Network, and they will provide you with professional answers.