Analysis On The Trademark Lease Option Contract With The Model TBCI

With the development of China’s economy in recent years, more and more companies encounter bad situations. They began to transform business patterns from increasing quantity to improving quality, and also pay more attention to the values of trademark. Some companies achieve double-win with the lessor of trademark by leasing trademark. Along with all the new things, the development of trademark leasing system is not perfectly, some kinds of problems trouble the companies and lessors.This article attempts to resolve disputes of trademark leasing by using brand credit model to analyze option contracts of trademark leasing issues, and also tries to find the reasons why disputes will happen among trademark leasing issues, and attempts to designing an option contract of trademark leasing issues.First, this article introduces the background, significance, research methods, innovation and shortage. Then, this article summarizes the literature, introduced the classic cases of rental trademark disputes, as well as the solutions to the problem of trademark leasing. In addition, this article introduces the concepts of brand value and models of brand value, and analyzes the shortcomings of brand value calculation model.Secondly, this paper makes a brief introduction to brand credit model. It mainly introduces the meaning of ten indicators for testing brand credit model and the method for calculating brand value by using TBCI, which as the theoretical basis for the coming empirical analysis.Thirdly, this article makes empirical analysis through a classic case—battle for the brand "Wong Lo Kat" using the brand credit model. After the end of the lease trademark, "Wong Lo Kat" brand value has been a huge improvement. According to this paper’s point of view, Guangzhou Pharmaceutical Company should pay commissions to JDB drink Limited company to compensate its contribution in enhancing brand value. However, this term is not stated in the contract of trademark leasing.Finally, according to the results of empirical research, this article presents the view that adding brand value estimated terms in contract of trademark leasing, which can resolve the disputes of trademark leasing effectively.