Is acquiring an existing trademark a practical option? Why endure the protracted process of applying for a trademark, racking up government and legal expenses, and then navigating a waiting period rife with objections? It would be easier to obtain a pre-existing trademark instead. Many people follow this thought process. After all, trademarks are regarded as valuable assets, so they might theoretically be transferred with ease.

Key insights to grasp about buying a trademark

Many business owners do not know how to buy a trademark.  It is important to understand some essential facts before addressing this matter. What is termed the process of purchasing a trademark from another party? It is referred to as a trademark assignment. There are no obligatory regulations for formalizing these assignments. Nevertheless, it is prudent to document them to avoid unwanted complications in the future. The procedure itself is relatively simple. However, the complexities that follow can be intricate. This situation highlights the importance of thorough consideration when acquiring an existing trademark.

Assignment and licensing are two different procedures

Never assume there is no distinction between these two processes. That belief is incorrect. They embody two separate concepts. By choosing the licensing option, you permit someone else to utilize your trademark for a designated period. This arrangement can yield some financial benefits. On the contrary, assigning a trademark resembles selling it. Once the transaction is complete, you lose your rights to use it. This situation involves various implications for the purchaser, particularly regarding what is genuinely acquired. If you plan to buy a trademark that already exists, you should also consider purchasing the product line assets of the business. Many individuals take over the entire operation associated with the trademark and its goodwill.

Can you obtain a trademark without its accompanying goodwill?

A trademark is nearly worthless without goodwill. Why would anyone want to acquire a trademark that is obscure and unused? Is it truly feasible to obtain a trademark without its goodwill? This situation is known as a naked assignment in the USA, which can be recorded without transferring the associated goodwill. However, such an assignment is only legitimate if it includes the goodwill transfer; otherwise, a naked assignment becomes invalid. It is crucial to keep this in mind when contemplating how to buy a trademark.

Understand more about trademark transactions

A trademark based on intent to use can only be transferred with the business’s assets and goodwill. You can transfer a registered trademark or a pending application with or without its related goodwill. For instance, this may occur when selling a segment of a large corporation. In these scenarios, trademark buyers must ensure that partial assignments do not compromise the validity of the trademark. Moreover, if the trademark is linked to other trademarks of its parent company, all related trademarks must be collectively assigned.

Important considerations

When you buy a trademark registered for a particular set of products, you are legally bound to retain its use for the same goods. It is your responsibility to follow the instructions given on that trademark certificate.  You cannot associate this trademark with other products. This approach creates confusion in the minds of consumers. Many people follow this method to save money on a new trademark registration. Consequently, the trademark could lose its validity.

What happens if the trademark owner ceases to use it?

Several people maintain inactive trademarks. What is the point of buying such a trademark? There is no logic behind purchasing them. They may be about to become invalid within a short period. The inactivity for an extended period leads to cancellation.  You should not think about how to buy a trademark of that nature. Nevertheless, one circumstance where it might be advantageous to acquire an active yet abandoned trademark is to avoid a confusion objection. Just be aware that by purchasing such a trademark, you are securing only a registration certificate and nothing more.

Conclusion

If you intend to secure a trademark resembling an inactive one, you should gain consent from the initial owner. It is the best approach you need to follow. Consult a seasoned agency before acquiring another one’s trademark. Lacking experience in these matters may lead you to possess a useless document. Numerous nations permit the transfer of a trademark with or without the associated goodwill of the enterprise. It can relate to specific or all products or services. Sidestep these complications by seeking professional guidance. You might consider contacting a reliable agency to navigate the challenges of trademark procurement. Trusted service providers will support you throughout the procedure to ensure the best possible outcomes.