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Written by : Sandi Gagne
Current : 1936
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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 Shelli Schrank, have a nice day.
- Sandi Gagne, Staff Member
what is considered confusingly similar a viewer wants to know so i'm going to spend the next three minutes discussing that issue i'm angela langlotz trademark and copyright attorney and i go live here on weekdays to discuss trademarks and copyrights so a viewer asked they commented on one of my youtube videos with a question which is what you can do if you have questions they said what is considered confusingly similar well something a trademark so we have two trademarks we've got the senior mark and then we've got the junior mark and so we ask ourselves is the junior mark confusingly similar to the senior mark such that registration of the junior mark would create a likelihood of consumer confusion with regard to the source of the goods and services behind the two marks if the answer is yes all right if there is a likelihood of confusion then the junior mark will not register so how close can we get well it's one of those multi-factor tests and there's a lot of factors but one of the big factors is are the goods similar or related if the goods are similar or related for the junior mark and the senior mark then that ups the likelihood that there will be a finding that the junior mark and the senior mark the junior mark is confusingly similar to the senior mark so we have to look at the goods if the goods are the same or similar or related then we also ask how close are the trademarks do they sound the same do they give a similar commercial impression do they look similar are they so similar that a consumer would be confused if they saw thing one and thing two on the shelf side by side they be confused and think that maybe thing two and thing one came from the same company the same source if the answer to that is yes then there is a high degree of likelihood that they they will be found confusingly similar and the junior mark will not issue so it's not just one thing that we can look at we have to look at how related the goods are that is a big question here so sometimes people think oh well i can avoid any any confusingly similar uh problems if i just add an s or if i spell it differently but it sounds the same and those things are incorrect all right so you can't just say it's not confusingly similar because you spell it differently or because you added an s those things don't neither of those things has any power to distinguish between the senior mark and the junior mark which is what we really need to do here so if the consumer would look at it and say that it's they're they're likely to be confused then the marks are confusingly similar so it's a pretty it sounds like a pretty straightforward analysis but because of all the factors involved it can be a lot more than that so this is why we recommend having an attorney do a trademark search before you file a trademark application because we tend to know a little bit closer where the lines are between the junior mark and the senior mark and we could advise you about that i'm angela langlotz you can find me online at trademarkdoctor.net on youtube just go search trademark doctor i've got over 450 videos there now you can also find me on facebook at facebook.com forward slash trademark doctor and on at parlour.com forward slash trademark doctor message me no don't message me i used to say message me i keep forgetting drop any questions that you have about trademark and copyright law into the comments and i will answer them just as i've done here in a future live video
Thanks Deshawn your participation is very much appreciated
- Sandi Gagne
About the author
I've studied neuroeconomics at William Jewell College in Liberty and I am an expert in feminist economics. I usually feel shocked. My previous job was facilities planner I held this position for 16 years, I love talking about public speaking and stand-up paddle boarding. Huge fan of Ben Mallah I practice canoe slalom and collect police memorabilia.
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