Can a trademark be bought or sold [Solved]

Last updated : Sept 16, 2022

Can you sell a trademark?

The trademark owner or owners all have to agree to sell the trademark and the buyers have to guarantee they will not soil or otherwise ruin the trademark's reputation and value. A dead trademark is one the Patent and Trademark Office doesn't distinguish anymore.

How much does it cost to buy someones trademark?

The basic cost to trademark a business name ranges from $225 to $600 per trademark class. This is the cost to submit your trademark application to the USPTO. The easiest and least expensive way to register your trademark is online, through the USPTO's Trademark Electronic Application System (TEAS).

What are the 3 types of trademarks?

What you'll learn: Arbitrary and Fanciful Trademarks. Suggestive Trademarks. Descriptive Trademarks.

How do I purchase a trademark?

Registering a trademark for a company name is pretty straightforward. Many businesses can file an application online in less than 90 minutes, without a lawyer's help. The simplest way to register is on the U.S. Patent and Trademark Office's Web site, www.uspto.gov.

How do you sell a trademarked item legally?

The only way to legally sell items with a trademark that you do not own is to obtain a license from the trademark owner. Trademarks are valuable property rights and are vigorously protected by their owners in most cases -- even against a small, localized business.

How do you value a trademark?

Most trademark valuation is based directly on its projected future earning power, based on income history. For a new brand with no history, evaluators must apply experience and common sense to predict the brand's earning potential. They can also use feedback from industry experts, market surveys, and other studies.

How long does a trademark last?

A federal trademark lasts 10 years from the date of registration, with 10-year renewal terms. Between the fifth and sixth year after the registration date, the registrant must file an affidavit to state that the mark is still in use.

Can you buy a trademark without the business?

People who are applying for a trade mark for their business name often ask whether they need to have a registered business name before applying for a trade mark. The short answer is no, your business name does not need to be registered in order for you to apply for a trade mark.

Can you purchase an expired trademark?

If the mark has been abandoned for three to five years, odds are, you're in the clear. That's the span that the USPTO requires trademarks to be maintained, meaning if the proper paperwork hasn't been filed, it's potentially up for grabs. The risk comes from the Lanham Act.

What are some 5 examples of trademarks?

• Under Armour®
• Twitter®
• It's finger lickin' good! ®
• Just do it®
• America runs on Dunkin'®

Which types of trademarks Cannot be used?

Trademarks which contain or comprise matter likely to hurt the religious susceptibilities of any class or sections of citizens of India. Trademarks which contain or comprise scandalous or obscene matter. If the usage of the trademark is prohibited under the Emblems and Names (Prevention of Improper Use) Act, 1950.

What if someone uses your trademark name?

If the person or entity receives your letter and continues to use your trademark, it's time to file a lawsuit. The suit will get filed in federal court if it spans more than one state. If the infringement is local, it may get filed in a state court.

What does it mean to buy someone's trademark?

When it comes to actually buying the mark, you have options. You can pay to have the owner assign the trademark to you and own it outright, or you can license some or all of the rights. If purchasing an existing trademark is proving expensive, consider purchasing a dead trademark or one on the verge of abandonment.

Why is a trademark dead?

A dead trademark is an indicator by the U.S. Patent and Trademark office that a trademark application or registration is no longer actively pending. A trademark will be marked dead when a trademark registration is not renewed or when an applicant does not timely respond to an office action or notice of allowance.

How do trademarks work?

A trademark is generally a word, phrase, symbol, or design, or a combination thereof, that identifies and distinguishes the source of the goods of one party from those of others. A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather than goods.

Can you trademark a name and sell it?

Since trade marks are property, you can sell or transfer them to another party as you would any other business assets. In legal terms, this is known as transfer of ownership or trade mark assignment.

Can trademarks be transferred?

Trademark owners may need to transfer ownership or change the name on their application or registration. This could happen while your trademark application is being examined or after your trademark has registered.

Can I resell branded products?

Generally, it's not illegal to resell a product. Restrictions normally come from the platform themselves and not the manufacturer of the company. The truth is that most brands are safe to resell. You're just not allowed to claim “brand new” or “straight from the manufacturer” because that just wouldn't be true.

What is the most valuable trademark?

• Amazon – 416 Billion Dollars.
• Apple – 352 Billion Dollars.
• Microsoft – 327 Billion Dollars.
• Google – 324 Billion Dollars.
• Visa – 187 Billion Dollars.
• Alibaba – 153 Billion Dollars.
• Tencent – 151 Billion Dollars.
• Facebook – 147 Billion Dollars.

Why are trademarks so valuable?

Trademarks are a symbol of the identity of your business. The original names, phrases, symbols, logos, and designs that you create for your business help to identify your products and services. Consumers will be able to distinguish your offerings from that of competing businesses largely thanks to memorable trademarks.

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hey what's up everybody this is attorney dan nguyen and today i want to answer this question can a trademark be sold and the answer is yes uh trademarks are considered with uh intellectual property so most people think of uh you know real property or tangible property like gold or silver other assets that you own but uh intellectual property is what's known as intangible asset and you know you can't hold it like like some of the other things that are physical items but they do have some value in the marketplace and so you can buy and sell sell trademarks now of course they're only worth as much as some what another person or another business is willing to pay so um many years ago one of my clients they wanted to um actually want to acquire a trademark and so they actually told me how much money they wanted to pay for it which i thought at the time was a pretty significant sum so that helped me realize the the power of um having a registered trademark because you know having a registration mark registered traders does tell the uh does tell the world hey i own this exclusively for this particular uh sector business and so if you have the exclusive roots that means no one else can use it and you can command a higher price for it it's harder to sell a trademark or common-law trademark if you don't have exclusive use because when the buyer gets it they don't have um they don't have assurances that someone else has the rights to the name okay and so why it's very important to as part of your business and even part as as your exit plan to acquire registered trademark so that you can increase the value of your business for someone looking to buy it and so as part of the process of buying and selling trademarks you know there's a purchase agreement and there's representations and warranties that go along in that agreement but what another thing also is the transfer of the ownership or of a registered trademark to the new owner and after the that the agreement's assigned at there is something what's called uh the uh assignment uh assignment which is basically transferring from the old owner to the new owner and once you get that you do have to update the patent and trademark office database and you would go through this particular website to upload the assignment to the new owner and it does takes about seven days to get official notice okay so uh it does appear right away it does take a little uh take a little bit of time but um once it's uploaded you will be reflected as the new owner uh so uh to answer the question yes you can buy and sell trademarks make sure that in order to maximize your trademark uh make sure you have a fairly registered trademark and the sooner you do it the better because the um five-year clock for statement of incontesability starts running as soon as you get the registration and you are uh you would be in a much better position to command a higher price if you are with uh uh have filed that um statement of income testability okay all right so this is dan and if you're looking to purchase trademark looking to sell your trademark looking to make sure you're the new owner of the trademark for free reach out to us and see how we can help okay this is dan thank you bye you

Thanks for your comment Jarrett Ysbrand, have a nice day.
- Aundrea Carnie, Staff Member

hi everybody and welcome to episode 12 of ask a trademark attorney in today's episode we're going to discover whether or not you can purchase a trademark the short answer is yes you can certainly buy a trademark or a trademark registration from someone that wants to sell it trademarks are considered intangible forms of property this means they are a property right just like owning a piece of real estate and can be bought and sold that said there's very specific requirements for purchasing a trademark and acquiring a proper chain of title so that you can own the trademark that somebody else owned and enforce it as if you were the original owner so if you're looking to purchase a trademark it's extremely important to consider a few things one does the person you're buying the trademark or trademark registration from have the proper ownership in place in other words somebody could own a trademark registration but the registration itself may have inherent issues maybe they haven't used the trademark in years maybe they never use the trademark and just registered it for the purpose of trying to sell it if you bought a trademark like that and you want to enforce it somebody may just be able to cancel on grounds that was inappropriately obtained so you really need to do your due diligence and who you're buying from and what you're buying specifically the second thing you need to be aware of is that to properly purchase a trademark and get in your name yourself you need to have a specific document called a trademark assignment completed depending on the circumstances there's a lot of magic language that has to go into this agreement meaning there's certain words that really need to be in there to properly transfer the rights to you and it's really recommended that you have an attorney do this because if you do it yourself and you don't use certain language the transfer of rights may not be complete and when you go to enforce a trademark again you may find there's an improper transfer of the title or improper chain of title which could be used against you in a court proceeding so I hope you found this video helpful as a bottom line yes you can certainly purchase a trademark or trademark registration from someone else you just need to be very careful that you're purchasing valid rights and then have them properly transferred over to you if you have any further questions on this please feel free to give us a call you

Thanks desfideaM your participation is very much appreciated
- Aundrea Carnie

About the author

Aundrea Carnie

I've studied engineering cybernetics at College of Saint Mary in Omaha and I am an expert in digital sociology. I usually feel disappointed. My previous job was traffic administrator (freight & passenger) I held this position for 6 years, I love talking about eating and model aircraft. Huge fan of Carl Edwards I practice skimboarding and collect police memorabilia.