Can a trademark be sold [Real Research]

Last updated : Aug 22, 2022
Written by : Landon Mahaney
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Can a trademark be sold

Can I sell trademarked products?

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.

Can Trademarks be sold in UK?

Trademarks are considered intellectual property and just like any other property, intellectual property can be licensed, bought, sold, inherited, or otherwise transferred through legal transactions.

How do you value a trademark?

Common methods used to determine a trademark's 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)

Who is the rightful owner of a trademark?

Trademark owner is the party who controls the nature and quality of the goods and services used in connection with the brand. The owner of a trademark is the person who applies the mark to goods that they produce, or uses the mark in the sale or advertising of services that they perform.

How do I sell a registered trademark?

Once you have trademarked your company's name, you can sell or transfer your trademark at any time. You will have to find a buyer and arrange a price yourself. Once you have a buyer, selling your trademark requires you to file paperwork with the U.S. Patent and Trademark Office.

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.

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.

How long does a trademark last UK?

Trade marks must be renewed every 10 years. You can renew a trade mark in the 6 months before it expires and up to 6 months afterwards.

How much does it cost to buy a 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 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.

What makes a trademark 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.

Are trademarks valuable?

Trademarks are a valuable asset. The more your business reputation grows, the more valuable your brand will be. Trademarks provide value beyond your core business. Trademarks can lead the way for expansion from one industry to another, such as from personal care to clothing or eye ware.

What happens if someone uses my trademark?

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.

Can you trademark a name already in use but not trademarked?

1. Can You File for a Trademark That Exists? Updated November 12, 2020: If you're wondering, "can you trademark something that already exists," the simple answer is "no." Generally speaking, if somebody has used a trademark before you, you can't register the trademark for yourself.

Can two individuals own a trademark?

Therefore, multiple ownership of a trademark can only be granted if the owners have joint control over the nature and the quality of the goods and/or services. Also, unless specifically stated otherwise in a contract between the owners, in the eyes of the USPTO, multiple ownership of the trademark is equally shared.

Should I trademark before selling?

Ideally, you should file a trademark application before revealing your mark.

How many times can a trademark be renewed?

One can renew trademarks as it is. Renewal of trademarks can be done with modifications to the intellectual property. Submit the renewal application by filling out the form TM-R. Trademark renewal can be filled by authorized personnel other than the registered owner.

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.

What words can you not trademark?

  • Proper names or likenesses without consent from the person.
  • Generic terms, phrases, or the like.
  • Government symbols or insignia.
  • Vulgar or disparaging words or phrases.
  • The likeness of a U.S. President, former or current.
  • Immoral, deceptive, or scandalous words or symbols.
  • Sounds or short motifs.

Can I rent my trademark?

A Trademark Owner can Lease the mark for other entities(companies) for certain duration.

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Can a trademark be sold

Comment by Roxana Prasser

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 Roxana Prasser, have a nice day.
- Landon Mahaney, Staff Member

Comment by Noe

Thanks for this interesting article

Thanks Noe your participation is very much appreciated
- Landon Mahaney

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