Learn how to buy a trademark, verify its ownership, and complete the legal transfer process to protect your brand.
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If you’re looking to secure rights to a brand name, logo, or slogan, buying a trademark can be a strategic alternative to registering a new one. Purchasing an existing trademark can save time, reduce legal risks, and provide instant brand recognition. Instead of starting from scratch, you can acquire a mark that already holds value in the marketplace.
A trademark can consist of any word, name, symbol, design, or any combination thereof, used in commerce to distinguish goods or services. This article covers how to buy a federal trademark, one that’s registered with the United States Patent and Trademark Office (an agency of the Department of Commerce).
Businesses buy trademarks for several reasons:
This guide explains where to buy a federal trademark, the legal steps involved, and how to complete the transfer process.
Yes, trademarks can be bought and sold through a process called trademark assignment. This legal transfer gives a new owner the rights to use and protect the mark. Licensing a trademark is another option.
Before buying a trademark, it’s important to determine and evaluate:
In the U.S., trademark law requires that a trademark be sold along with the business’s goodwill — the reputation and value associated with the brand. A trademark can’t be sold as a standalone asset without transferring the related business operations, product lines, or associated customer recognition. This helps ensure that consumers continue associating the mark with the same quality and reputation.
Goodwill plays an essential role in preserving brand identity. If a business buys a trademark but doesn’t acquire the goodwill attached to it, the mark may lose its value. Customers who associate the mark with a specific level of quality or service could be misled if the new owner doesn’t maintain the same standards. Courts have ruled that trademarks must retain their connection to goodwill, ensuring that consumers are not deceived by a name change that does not reflect the original brand.
Trademarks are commonly bought and sold through:
Some businesses negotiate directly with owners who may no longer need a trademark. If a company is shutting down or rebranding, its trademark may be available for sale. Be cautious of companies offering unsolicited trademark-related services, as they may not be affiliated with the USPTO and could use misleading tactics.
If a trademark has been abandoned or not renewed, it may be possible to claim it. However, trademark abandonment is not automatic, and previous owners may still hold rights if they can prove ongoing use.
Some businesses monitor abandoned trademarks and attempt to claim them once they become available. However, simply applying for an abandoned trademark does not guarantee ownership. A thorough legal review is recommended to avoid disputes with prior owners.
Conducting thorough searching of trademark databases and legal records is essential to ensure that the desired trademark is truly available and does not infringe on existing marks.
Purchasing a trademark requires due diligence to confirm its legitimacy and legal standing.
Consult a trademark attorney – A legal professional can help review contracts, verify ownership, and handle transfer paperwork.
Conduct a United States Patent and Trademark Office (USPTO) trademark search – Use the USPTO’s trademark search system to check the mark’s status and any related trademark applications.
Check for disputes or infringement claims – Look for active lawsuits or opposition filings related to the trademark.
Confirm ownership and renewal status – Ensure that the seller has the legal right to transfer ownership and that the mark has been properly renewed.
The cost of a trademark varies based on brand recognition, commercial value, and demand. Negotiating a fair price requires evaluating the trademark’s business potential.
The Trademark Assignment Agreement is a legal contract that documents the transfer of rights from the seller to the buyer. It should include:
To make the transfer official, submit the Trademark Assignment Agreement to the USPTO Assignment Recordation Branch. This helps ensure the new owner is recognized in legal records.
As of 2025, the USPTO charges $40 for the first mark in a document for trademark assignment and $25 for subsequent marks in the document.
Once filed, check the Trademark Status and Document Retrieval (TSDR) system to confirm the assignment has been processed and recorded.
Once ownership transfers, update:
The new owner must actively use the trademark in commerce to maintain rights. They must also actively use the trademark in connection with the specified goods or services. Failing to use a trademark can result in abandonment and loss of protection.
Buying a trademark can be a valuable business move, but it requires careful research and proper documentation. Understanding different types of intellectual property rights, such as patents, trademarks, and copyrights, is crucial when considering registration and protection strategies. The key steps to buying a copyright and maintaining it afterward include:
To avoid common pitfalls when buying a trademark, review this checklist:
By following these steps, businesses can successfully acquire a trademark and integrate it into their operations without legal complications.
How much does it cost to buy a trademark?
Costs vary widely based on the trademark’s value. Expect to pay anywhere from a few hundred to tens of thousands of dollars, plus legal and USPTO fees.
Is it possible to buy a trademark?
Yes, trademarks can be legally transferred through a Trademark Assignment Agreement, which must be recorded with the USPTO Assignment Recordation Branch.
How do I buy an abandoned trademark?
An abandoned trademark may be available, but confirm its legal status first. Even if a mark appears abandoned, the original owner may still hold rights if they can prove continued use. If there are disputes over the abandoned trademark, you may need to engage in a trademark trial at the Trademark Trial and Appeal Board (TTAB). Consulting a trademark attorney is recommended before claiming an abandoned mark.
Disclaimer: The content on this page is for information purposes only and does not constitute legal, tax, or accounting advice. If you have specific questions about any of these topics, seek the counsel of a licensed professional.
Written by Team ZenBusiness
ZenBusiness has helped people start, run, and grow over 800,000 dream companies. The editorial team at ZenBusiness has over 20 years of collective small business publishing experience and is composed of business formation experts who are dedicated to empowering and educating entrepreneurs about owning a company.
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