How to Purchase an Existing Trademark

Need a trademark ASAP? Consider buying an existing one. But before you get your wallet out, make sure you understand how to decide if it's right for your business.

What would you like to protect?

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how to purchase an existing trademark

Contents

Updated on: February 16, 2023
Read time: 3 min

Sometimes the shortest path to trademark success is to buy one. Purchasing an existing trademark requires detailed knowledge of what you're looking for, a shrewd way to evaluate what's available, and a keen sense of when to get a bargain.

How to Purchase an Existing Trademark

Before you start the process, it's important to examine the potential advantages and drawbacks.

Pros and cons of purchasing an existing trademark

Patents protect inventions. Copyrights protect expressive works. Trademarks are a bit more complex.

A trademark protects the goodwill that customers have with a provider of goods or services. It's not simply the brand or the logo but rather the overall feel of the trademark and how it helps customers identify who produces what.

The biggest drawback to buying an existing trademark is that it can be difficult to find one that already reflects the relationship you're trying to build with your customers.

On the flip side, if you can find and successfully purchase one, you'll have the immediate availability of rights you can assert against your competitors. Instead of building the perfect custom suit to fit your business, you can buy one straight off the rack.

To ensure a good fit, first, consider how important the trademark is to your business. Are you looking to create a franchise business that exists on licensing bulletproof trademarks? If so, putting in the work of building a mark from scratch might make sense. But if you're adding a new, speculative product that quickly needs to gain market traction in a competitive market, buying an off-the-rack trademark could be the better way to go.

Purchasing an existing trademark

If, after weighing the pros and cons, you determine that purchasing an existing trademark is the way to go, follow these steps:

1. Know what you want. Trademarks registered with the United States Patent and Trademark Office (USPTO) are categorized by their market, such as food, clothes, and services, so start by checking the USPTO database by the category you're interested in. You can also hire a third-party to conduct a trademark search for you.

2. Be your customers: find a trademark. Goodwill is an abstract notion, but your customers are not. When shopping for a trademark, put yourself in the shoes of your clients. Does the mark build the relationship you want with them? It's an important consideration because if you don't have a firm grasp on your business case, you'll never know if the trademark you find is right for your business.

Maybe that relationship is simple, such as building a brand for locally roasted coffee. Or perhaps it's more complicated. You may want to be known as "the mindful divorce lawyer who focuses on your mental health during a trying time." Whatever it is, if you're going to consider buying a trademark, then it needs to reflect the relationship you want with your customers—or get close enough.

3. Seal the deal. You now know what you're looking for and have found a trademark that fits the bill. What is it worth?

Intellectual property is still property, whose worth is a combination of its scope and location. When it comes to actually buying the mark, you have options. You can pay to have the owner assign the trademark to you and own it outright, or you can license some or all of the rights.

If purchasing an existing trademark is proving expensive, consider purchasing a dead trademark or one on the verge of abandonment. Find one by searching the USPTO's Trademark Electronic Search System (TESS). At the very least, you'll know the mark is worth less to the owner than the cost of maintaining it.

Purchasing an existing trademark can save you time and money—but only if it's the right fit. If you don't find an existing trademark that suits your needs, you may then need to consider registering a new trademark of your own.

What would you like to protect?Start my trademark
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This article is for informational purposes. This content is not legal advice, it is the expression of the author and has not been evaluated by LegalZoom for accuracy or changes in the law.

82 days ago
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Jose is the best.

Jose was very friendly and knowledgeable. He was able to answer my questions and provide me information of next steps to secure my trademark.

Cheryl Cooper
85 days ago
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The knowledge the agent possessed was…

The knowledge the agent possessed was super beneficial to rectify the situation I was having with my trademark. Very professional!

Craig Schsrfman
101 days ago
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Trademark work is great and effecient

Edit from my previous feedback and why i decided to give them 5stars they deserved: LegalZoom's support team was excellent—they addressed my concerns promptly and delivered a great outcome. I truly appreciate their help and want to give a shout-out for an outstanding customer service experience.

Trademark
100 days ago
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Thanks for being so helpful in the…

Thanks for being so helpful in the assist of getting my Trademark filed. -Patrick

Patrick Thompson
107 days ago
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Kevin was able to help me understand…

Kevin was able to help me understand the process needed for filing a trademark. He was clear in his answers and stayed on the phone to help walk through the onboarding.

Asiyah Lites-Rasheed
125 days ago
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Excellent Serviceed them for a trademark application

Used them for a trademark application. Excellent service. Knowledgeable staff. I would absolutely use them again. Probably save thousands by going through them.

Eric Hertz
152 days ago
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Estee was super helpful!

Estee helped me navigate the tricky trademark process. Highly recommend her!

Greg
152 days ago
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Very good and focused answers

I got a very good and focused answer to my trademark questions. Definitely makes me see LZ as the place to go with my legal questions. A+

Chip Humitz
156 days ago
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Help with trademark

Got exactly what I needed to register my trademark

Luci Bromberg
162 days ago
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I had a consultation with an attorney…

I had a consultation with an attorney through LegalZoom concerning the trademark process. and she was very patient and professional. She answered my questions and helped with the ones I had difficulty asking. I appreciated that

Isiah Jones ,jr.
181 days ago
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Strong support for trademark

The trademard support by Nick Belcastro has been excellent.

John Kirk Boyd
188 days ago
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Excellent service

Excellent service! Extremely knowledgeable and helpful in reviewing all the next steps in the process for filing the trademark with LegalZoom.

Brian Mayer
223 days ago
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Excellent Staff/Services

"LegalZoom made trademark filing for my company a breeze. Their system was incredibly user-friendly, and I was impressed by the professionalism of the staff. My attorney was not only knowledgeable but also took the time to answer all my questions and clearly explain the entire process. I felt confident every step of the way. I will definitely use their services again!"

Hedda
219 days ago
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Register Trademark using LegalZoom

The attorney assign to us did an amazing job by answer all our question in a friendly, timely and professional way. The attorney helps by giving us information to mange our account to register our Trademark.

wiltrey sanders
228 days ago
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Excellent experience with Legal Zoom

I have been looking to get my business trademark for a while now and I finally decided to try out Legal Zoom. I had an excellent experience with customer service ready to assist me through the process. The price is much more affordable than going through law offices. I highly recommend to anyone looking to get a trademark.

TheAlphabetshop
230 days ago
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Legally create your trademark with LegalZoom in 2025 and The Years to Come

The lawyer that assigned to me was not only professional and friendly, but patience beyond measure. All questions answered and additional information given to me as well for future services. This call gave me the reassurance I wanted and needed to continue using LegalZoom for future endeavors, and referring my community/platform to do the same.

Kali Harris
247 days ago
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Trademark Process Made Easy

My LegalZoom Trademark attorney, Asha was extremely professional, friendly and knowledgeable. She answered all my Trademark questions and made this process so easy. I felt like I was in good hands.

Virtually Debbie
254 days ago
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Trademark

Right now I use everything Legal Zoom has to offer and I'm so very happy with everything, especially the Trademark process. They were absolutely the best! Highly recommend!!

NicoleK
Rated4.6out of 5 based on23,933+ reviewson

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