Can I transfer ownership of a trademark?
Asked by: Herman Casper | Last update: February 18, 2026Score: 4.3/5 (55 votes)
Yes, trademarks can be transferred, either permanently through an assignment (sale of ownership) or temporarily through a license (permission to use), and this process is crucial in business sales or reorganizations to move intellectual property rights. The transfer involves creating a legal agreement (assignment), filing it with the relevant trademark office (like the USPTO in the US), and ensuring the transfer of the trademark's associated goodwill, which is vital for validity.
How do I change the owner of a trademark?
This typically requires submitting a trademark assignment application that provides information about the trademark, the current owner (you), the new owner (your business entity), and the executed Assignment Agreement.
Can trademarks be sold or transferred?
Much like traditional assets such as machinery or real estate, trademarks are assets that can be bought, sold, and transferred. Unlike physical assets, however, trademarks must be transferred in a purposeful way to ensure that the underlying meaning, or “goodwill”, is also transferred.
What are the requirements for transfer of ownership?
Transferring ownership, usually for vehicles or property, requires key documents like the signed title/deed, valid IDs for buyer and seller, proof of insurance, a bill of sale, and specific state forms, plus paying associated fees, to legally transfer the asset and update records at the relevant agency (DMV or county recorder).
How do I transfer ownership to someone?
Transferring ownership involves creating a new legal document (like a deed for property or title for a vehicle), signing and notarizing it, and then recording it with the relevant government office (county recorder for property, DMV for vehicles) to make the transfer official, often requiring notification to insurers and lenders, with the specific process varying by asset type (real estate, business, vehicle).
How Do I Transfer Trademark Ownership? - BusinessGuide360.com
How much does it cost to do a transfer of ownership?
A "change of ownership price" involves various fees (title transfer, registration, plate fees) and potential sales tax, varying significantly by state and vehicle type, with costs often ranging from under $100 (like Hawaii's $5 transfer fee + taxes) to several hundred dollars (like Florida's $75 title + $22-$33 registration + $28 plate + tax), plus potential penalties for late filing or dealer document fees.
How to take over a trademark?
Step-by-Step Guide to Trademark Assignment
- Draft a Written Assignment Agreement. ...
- Record the Assignment with the USPTO. ...
- Ensure Compliance with Goodwill Transfer. ...
- Restrictions on Intent-to-Use Applications. ...
- Check for Existing Recorded Assignments.
How much is my trademark worth?
By looking at the sale of similar trademarks in your industry, trademark valuation firms can estimate how much your trademark might be worth. This is often used when the trademark is tied to a tangible product or service that has been sold.
Can someone buy my trademark?
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.
Is it better to trademark or LLC?
An LLC (Limited Liability Company) creates a legal business structure that separates personal and business assets for liability protection, while a trademark protects your brand identity (name, logo, slogan) to prevent consumer confusion, with an LLC being the foundation and a trademark securing your brand's unique identifiers, serving different but complementary roles in business formation and protection. You usually form the LLC first as the legal entity and then register a trademark to protect your specific brand name and logo used within that business.
How long does it take to transfer a trademark?
Generally, the process can take anywhere from several months to a year or more. For example, in the United States, the Patent and Trademark Office (USPTO) typically takes about 8 to 12 months to process a trademark transfer application.
What names cannot be trademarked?
You can't trademark names that are generic (like "Coffee" for coffee), merely descriptive (like "Fast Shipping" for delivery), misleading, or that use official government symbols or names; surnames are difficult unless widely recognized, and offensive terms are generally prohibited, all to keep common language and essential product descriptors open for public use.
Can copyright ownership be transferred?
Yes. Like any other property, all or part of the rights in a work may be transferred by the owner to another.
What is stronger, TM or R?
Legal Protection: The ® symbol provides stronger legal protection than ™. It gives you the right to sue for trademark infringement if someone else tries to use your registered trademark without permission.
Can two people own the same trademark?
In the U.S. joint ownership of a trademark is legal. However, it is contrary to the fundamental trademark policy that a mark should identify and distinguish a single source's goods and/or services.
Is it better to copyright or trademark a logo?
You should primarily trademark a logo to protect its use as a brand identifier in commerce, preventing consumer confusion, while copyright protects the artistic expression of the logo as a creative work, though many basic logos don't meet copyright's originality threshold, making trademark registration the key for brand protection. Some complex logos might qualify for both, but trademarking is generally the preferred and stronger route for commercial branding.
What are the 7 types of trademarks?
There isn't one definitive list of exactly seven types, but common categories focus on the nature of the mark (Word, Logo/Device, Shape, Color, Sound, Scent, Motion/Pattern) and the strength/function (Fanciful, Arbitrary, Suggestive, Descriptive, Generic, Service, Certification, Collective). Key types include Word Marks, Device Marks, Service Marks, Certification Marks, Sound Marks, Shape Marks, and Color Marks, often grouped under broader categories like "Unconventional" or "Non-Traditional" trademarks.
How much is a business that makes 100k a year worth?
A business making $100k a year is often worth $200k to $300k, based on common multiples of 2-3 times its Seller's Discretionary Earnings (SDE) or profit, but this varies greatly by industry, stability, and if the owner is essential, with high-growth tech potentially fetching much more and owner-dependent businesses potentially less. A simple formula is often $100k profit x 2-3 = $200k-$300k, but factors like industry, recurring revenue, and "owner-dependency" significantly impact the final price.
Can you transfer ownership of a trademark?
To change the owner of a federal trademark registration or application, a trademark assignment should be signed and recorded with the USPTO. A trademark assignment is a document signed by the original owner (“assignor”) that transfers ownership of the trademark to a new owner (“assignee”).
What is a TM transfer?
Transferring a trade mark (often called an “assignment”) is a key step when you sell a business, restructure your group, or move brand ownership from one entity to another.
What happens if I make a trademark and never use it?
Under both federal law and in New York courts, a trademark is presumed abandoned after three consecutive years of non-use. That signals the mark no longer identifies your business. If you stop using it, others can step in, register it, and use it. Your legal protection disappears.
Can you transfer ownership online?
Transferring ownership to an individual
You can also transfer car ownership online using a simple form on the DVLA website. This guide breaks down the above steps clearly so that you can correctly and easily transfer the ownership of your vehicle.
How long does it take to do a transfer of ownership?
The transfer process usually takes between 4 to 8 weeks, depending on factors like document completeness, title search results, and timely payment of fees.
What do you need for transfer of ownership?
Transferring ownership, usually for vehicles or property, requires key documents like the signed title/deed, valid IDs for buyer and seller, proof of insurance, a bill of sale, and specific state forms, plus paying associated fees, to legally transfer the asset and update records at the relevant agency (DMV or county recorder).