Trademarks and patents represent intellectual property that may be transferred or sold. Preparing and negotiating assignment agreements and licenses can play a major role in managing your IP assets. A properly executed assignment can be used to transfer all rights from a named owner to any assignee. The attorneys of Daniel Law Offices can handle all of your needs for Orlando trademark assignments licensing, such as new ownership, mergers, name changes, and security agreements.
A patent or trademark is personal property that may be sold, mortgaged, transferred or bequeathed by will to the heirs of a deceased owner. The United States Patent and Trademark Office (USPTO) records all assignment documents and denotes any changes that affect title. Once a trademark is transferred, it becomes the property of the assignee and the new owner will have the same rights as the original owner. A license agreement can allow other businesses or individuals to use your trademark in commerce while you retain ownership. However, licensing rights and transfer agreements are complicated, so it is important to seek appropriate legal counsel.
Determining the Value of a Trademark
Although each case is different, there are three common approaches used to assign value to a trademark being transferred.
- Income Approach – The simplest method of determining the value of a trademark is based on the expected income based on past and/or future profits directly associated with the use of the mark.
- Market Approach – The market approach assigns a value to the use of a trademark based on a comparison of real transactions such as royalties paid on similar assets.
- Cost Approach – The cost approach for calculating the value of a trademark assumes the cost of creating or replacing an existing trademark of equal market potential and strength.
Our trademark assignment attorneys can also explain other approaches for valuing the assignment or licensing of your trademark based on the reason for the valuation and/or the nature of the transaction. To learn more about the practice and the ability of our lawyers to advance your company’s profit and growth objectives, contact the Daniel Law Offices P.A. at 866.377.2836.