Is investment in trademark use rights allowed?

Contributions for Trademark use rights are not allowed, only the ownership and exclusive rights of the trademark are allowed. In the process of trademark registration and subsequent use in my country, as long as the trademark is approved and registered by the Trademark Office, it is a registered trademark, including commodity trademarks, service trademarks, collective trademarks, and certification marks; the trademark registrant enjoys the exclusive right to use the trademark and is protected by law. Regarding the question of whether investment for trademark use rights is allowed, the editor of Legal Savior Network will answer it in detail for you below.

1. Is investment in trademark use rights allowed

Trademark use rights cannot be invested, but trademark ownership\exclusive rights can be, because according to the new company law: non-monetary property should be valued in currency and can Transferred in accordance with the law, but the right to use the trademark cannot be transferred in accordance with the law, and the procedures for the property transfer cannot be verified.

1. Evaluation is required

According to the provisions of the new "Company Law": "For Non-monetary property used for investment should be evaluated and verified, and the property should not be overvalued or undervalued."

Although cash investment no longer requires capital verification, if Funding with intellectual property still needs to be evaluated. Regarding the value of intellectual property, it is not enough just to reach a consensus among shareholders. The value needs to be determined based on the evaluation report of the evaluation agency.

2. Evaluation agency

To evaluate intellectual property rights, we are not looking for any evaluation agency. It will be all right.

According to relevant national regulations, intellectual property evaluation must be entrusted to an asset evaluation agency approved by the financial department to conduct evaluation in accordance with the law. Therefore, when entrusting an evaluation agency to evaluate intellectual property rights, you must pay attention to the qualifications of the evaluation agency.

3. Specific rights that can be invested

Trademarks, patents, and copyrights can all be used for investment. . An enterprise's goodwill and franchise rights are sometimes considered to fall within the scope of intellectual property rights, but according to legal regulations they cannot be used as a price or capital contribution.

4. The company cannot increase capital for its existing intellectual property rights

Some companies have trademarks, patents, etc. Intellectual property rights are very valuable, so we want to evaluate the value of these trademarks and patents and increase capital. But this is not allowed.

The company's own intellectual property rights are not the assets of shareholders. Whether it is capital contribution or capital increase, it refers to the shareholder's capital contribution or capital increase, not the company's own capital contribution or capital increase.

2. Relevant legal provisions

"Trademark Law of the People's Republic of China"

Article 2 The Trademark Office of the Industrial and Commercial Administration Department of the State Council is responsible for the registration and management of trademarks nationwide.

The Industrial and Commercial Administration Department of the State Council has established a Trademark Review and Adjudication Committee to handle trademark disputes.

Article 3: Trademarks approved and registered by the Trademark Office are registered trademarks, including commodity trademarks, service marks, collective trademarks, and certification marks; the trademark registrant enjoys exclusive rights to the trademark rights, protected by law.

Collective trademarks referred to in this Law refer to those registered in the name of a group, association or other organization for use by members of the organization in commercial activities to identify the user. A sign of membership in the organization.

Marks used on goods or services to prove the origin, raw materials, manufacturing methods, quality or other specific qualities of the goods or services.

Special matters concerning the registration and management of collective marks and certification marks shall be stipulated by the industrial and commercial administration department of the State Council.

Most of the trademark registrations in our country are registered in the name of the company. At this time, if the trademark is registered within the company orWhen disputes arise regarding usage, they must be resolved in a timely manner. I hope the above content will be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.