Replace Calculations in the Trademark License Agreement

Aug 6th, 2022
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Below are some common questions from our customers that may provide you with the answer you're looking for. If you can't find an answer to your question, please don't hesitate to reach out to us.
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Which factors affect the evaluation The costs incurred in the registration; The costs for maintenance and defense of the mark; seniority, namely the age of the brand; The degree of knowledge of the same in the public and advertising expenses made by its holder; The market shared by the mark and consumersloyalty.
Common methods used to determine a trademarks value include the following: Using past and expected future profits (the income approach) Using comparative transaction with similar assets (the market approach) Using the cost of creating a trademark (the cost approach)
Arithmetically, royalty (on sales) can be expressed as: Royalty = Payment-to-licensor/Product-sales-price.
Royalty rates are typically 5-10% of a retail price, or 15-20% of a wholesale price. However, these are usually subject to agreement. An advance payment of 25% is often used for higher value licenses.
In the United States, there is no requirement that a license agreement be recorded with the USPTO. However, other countries may require a licensor to record the license for it to be effective against third parties.
Patent or trademark owners use the 25% rule as a yardstick for defining a reasonable amount of royalty payments.
The base formula for royalty calculation is royalty revenue = sales x royalty percentage.
A trademark royalty rate is usually a percentage of sales generated from the use of the trademark for example, 5% of gross or net revenue, paid quarterly.
The value of a trademark lies in the goodwill associated with that trademark. Goodwill is an intangible asset that is part of the value of the trademark owners business. It can be quite difficult to assign a monetary value to goodwill because many variables must be considered.

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