Before deciding to sell a trademark, it is necessary to determine its market value. As a rule, for this purpose they use the services of an independent appraiser, who, when assessing a trademark, takes into account its competitiveness and the reputation of the company to which it belongs, stability in the market and consumer interest in the product or services registered under this mark, as well as the possibility of generating income from its use.
To determine the real value of a trademark, the appraiser is also required to study and analyze a set of documents, among which, along with a description of the trademark, its registration certificate and a list of classes of the International Classification of Standards to which it applies, information about the funds spent on its development, registration and advertising must be provided. The specialist must also analyze data on goods or services marked with this trademark and their sales volume for the year.
After studying and analyzing the information obtained, the appraiser produces a report that can be used in commercial transactions or in courts.
When selling a registered trademark, a written Alienation Agreement is concluded, which, along with an application from the owner of the designation, a receipt for payment of the duty, an indication of the cost of the transaction, information about the participants in the transaction with bank details and a list of goods and services that are marked with this trademark, is sent to Rospatent.
Not only the original package of documents is sent to Rospatent, but it is possible to send notarized copies of them.
The right to a trademark is transferred at the time of state registration of the agreement. It must be remembered that the transfer of rights cannot be partial; otherwise, a license agreement is drawn up, which specifies the amount and frequency of royalty payments. It is important to note that the validity period of the license agreement must correspond to the validity period of the trademark; if the validity of the trademark is extended, the validity period of the agreement is also extended.
However, refusal to register the Alienation Agreement is also possible. That is, the transfer of an asset may not take place if it may cause confusion among consumers - for example, if the name of the company that owns the trademark coincides with the designation itself, which may cause the buyer to make a mistake when choosing products.
In conclusion, I would like to note that it is necessary to register with Rospatent not only contracts, but also any changes and additions to them, as well as their termination. Errors and inaccuracies made in documents may cause the transaction to be considered void.
