How to Buy a Trademark

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:

• Brand expansion – Acquiring a trademark may help businesses enter new markets or industries while maintaining brand consistency.
• Avoiding legal conflicts – Buying a trademark can prevent disputes over similar names, reducing the risk of infringement claims.
• Acquiring established brand recognition – Purchasing a trademark with an existing reputation allows a business to benefit from prior marketing efforts.

This guide explains where to buy a federal trademark, the legal steps involved, and how to complete the transfer process.

Can you buy a trademark?

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.

Buying a Trademark vs. Licensing a Trademark

• Buying a trademark – The full rights to the mark are permanently transferred to the buyer.
• Licensing a trademark – The owner allows another party to use the trademark under agreed conditions while retaining ownership.

Key Considerations Before Purchasing

Before buying a trademark, it’s important to determine and evaluate:

• Trademark validity – Is the trademark still in use and properly maintained?
• Potential legal disputes – Are there any existing or pending infringement claims?

The Role of Goodwill in Trademark Assignments

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.

Where to Find Trademarks for Sale

Trademarks are commonly bought and sold through:

Trademark Marketplaces

• Trademarkia – A searchable database of trademarks for sale.
• BrandBucket – Specializes in domain name and trademark bundles.
• IP lawyers and business brokers – Legal professionals and brokers can facilitate private trademark transactions.

Direct Negotiations with Trademark Owners

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.

Expired and Abandoned Trademarks

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.

How to Verify a Trademark Before Buying

Purchasing a trademark requires due diligence to confirm its legitimacy and legal standing.

Steps to Verify an Existing Trademark

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.

Steps to Buy a Trademark

Step 1: Negotiate the purchase price with the current owner

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.

Step 2: Draft a trademark assignment agreement

The Trademark Assignment Agreement is a legal contract that documents the transfer of rights from the seller to the buyer. It should include:

• The trademark’s registration number
• The purchase price and payment terms
• A statement confirming the transfer of goodwill associated with the mark and the relationship that customers have with the provider
• Signatures from both parties

Step 3: File a trademark assignment with the USPTO

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. 

Step 4: Pay the required USPTO assignment fees

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.

Step 5: Monitor and confirm the official ownership transfer

Once filed, check the Trademark Status and Document Retrieval (TSDR) system to confirm the assignment has been processed and recorded.

What happens after you buy a trademark?

Updating Business Records and Branding

Once ownership transfers, update:

• Business licenses
• Domain names and branding materials
• Product packaging and marketing materials
• Social media profiles to reflect the new ownership
• Trademark filings in international markets if applicable

Ensuring Proper Trademark Use

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.

Filing for Renewal and Protection Strategies

• First renewal – Due between the 5th and 6th year after trademark registration.
• Ongoing renewals – Required every 10 years.

After Buying a Trademark

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:

• Verifying that the trademark is valid, active, and free of legal disputes.
• Negotiating a fair purchase price based on the trademark’s market value.
• Drafting a Trademark Assignment Agreement to legally transfer ownership.
• Filing the assignment with the USPTO Assignment Recordation Branch to finalize the transfer.
• Ensuring continued use of the trademark to maintain rights and prevent abandonment.

Final Checklist for a Smooth Trademark Transfer

To avoid common pitfalls when buying a trademark, review this checklist:

• ✅ Conducted a trademark search to confirm the mark’s status.
• ✅ Verified that the seller has legal rights to transfer the trademark.
• ✅ Assessed potential infringement risks or pending legal disputes.
• ✅ Secured a signed Trademark Assignment Agreement with all required details.
• ✅ Filed the assignment with the USPTO and confirmed the transfer.
• ✅ Updated business records, branding, and marketing materials.
• ✅ Implemented trademark monitoring and enforcement strategies.

By following these steps, businesses can successfully acquire a trademark and integrate it into their operations without legal complications.