Trademark Concept

In contrast thereto the worth of an unused trademark is basically determined by the attractiveness of the name and the fact whether the trademark is already vulnerable to cancellation based on non-use respectively by the remaining grace period of use. A German trademark is vulnerable to cancellation if the mark has not been used during the last five years without a justifying reason for non-use. For this reason the worth of an unused trademark is decreasing rapidly. The trademark environment, the extent of trademark protection and the list of goods and services should also be considered in determining the value of an unused trademark. The basic value of a trademark which includes the cost of creation and filing (fees of the Patent Office and Patent Attorney) and cost of maintaining (renewals, watch services) can be considered as the minimum price.

NETMARK has developed a special trademark brokerage concept. We classify all trademarks as belonging to one of the following trademark categories:

By clicking on the trademark categories a table will appear explaining the corresponding trademark profile.

As a seller of a trademark you should consider at least the following points when choosing your preferred category:

Premium Marks

• Trademarks of this category should ideally have an initial grace period of use of at least two years. During this period the trademark cannot be contested based on the grounds of non-use. Normally this period should be sufficient for the brokerage of the trademark through NETMARK and the use preparation by the new trademark owner.

• The publication of the full trademark name and all other relevant details is beneficial to a quick success in the brokerage of your trademark.

• This category gives you the opportunity to obtain relatively high prices for your trademarks provided an attractive quick selling trademark name is offered which belongs to a class with a strong demand (e.g. classes 3, 5 and 9).

Standard Marks

• The grace period of use of trademarks belonging to this category has usually expired. Therefore the interest to protect the owner's rights in the trademark is uppermost in this category.

• In order to prevent cancellation actions from third parties, NETMARK concludes a Broker-Contract Trademarks with the potential buyer. By signing this contract the potential buyer undertakes not to take any action against the existence and the usage of the trademark offered through NETMARK and to refrain from supporting attacks from third parties. NETMARK will then disclose the full trademark name under the reference number quoted including all relevant details of the trademark according to information provided by the seller.

Budget Marks

• NETMARK charges a commission of EURO 500,- only for the successful brokerage of Budget Marks. The effective purchase price remains therefore relatively low.

• Similar to Premium Marks the publication of the full trademark name is beneficial to a quick success in the brokerage of your trademark.

• According to Sec.26 (1) of the German Trademark Law (MarkenG) it is possible to counteract a claim based on non-use, if there are justified reasons for the non-use. Within the pharmaceutical industry for example, the nomination of a trademark in an application for sanitary registration of a pharmaceutical product with the German Federal Institute for Pharmaceuticals and Medications (BfArM) will be recognized as a justified reason for non-use (please compare GRUR 1978, Issue 5, page 297). If you are not prepared to use the mark at once we recommend that you take advantage of this justifying reason for the non-use by nominating your Budget Mark in an application for sanitary registration. The mark can then be considered as "cured" which means that the mark is in full force and effect again.

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