Is it possible to buy a trademark?
Asked by: Prof. Nyah Langosh Sr. | Last update: June 14, 2026Score: 5/5 (46 votes)
Yes, you can absolutely buy an existing trademark, as it's a type of intellectual property that can be sold and transferred like other assets, but the process requires a formal legal step called a trademark assignment, careful due diligence, and often professional legal help to ensure the transfer of rights and associated "goodwill" is valid and doesn't leave you with a worthless mark.
How much does it cost to own a trademark?
A federal trademark costs a base fee of $350 per class of goods/services to the USPTO official website (U.S. Patent and Trademark Office), but additional surcharges for complex applications (like using free-form text) and attorney fees (if used) can significantly increase this, potentially reaching hundreds or thousands of dollars, plus ongoing renewal fees. State trademarks are cheaper ($15-$70) but offer limited, state-only protection.
Can you purchase a trademark?
Yes, you can buy a trademark. The law treats trademarks like any other physical property; they can be bought, sold, licensed, and even mortgaged! So, trademarks can be bought and sold, like a car, jewelry, and real estate.
Is it better to trademark or LLC?
An LLC protects personal assets from business liabilities (legal structure), while a trademark protects brand identity like names, logos, and slogans from copycats (intellectual property); they serve different roles, with an LLC forming the business foundation and a trademark safeguarding its brand, often used together for comprehensive business protection. Forming the LLC first offers a legal entity, but registering the trademark first secures brand rights earlier, with many recommending an availability search before either.
Can someone steal my logo if it's not trademarked?
If your logo is registered with the USPTO (U.S. Patent and Trademark Office), you have a strong legal foundation to stop others from using it. But even without registration, you may still have common law rights if you've been using the logo consistently in commerce.
Should I Trademark My Logo or My Business Name?
What is the 3 month rule for copyright?
The "copyright 3 month rule" in the U.S. refers to a key deadline for copyright owners: registering their work with the U.S. Copyright Office within three months of its first publication makes them eligible for significant benefits, including statutory damages and attorney's fees in infringement lawsuits, a remedy not available if registration occurs after infringement begins (unless within that three-month window). It's a strong incentive to register early, though copyright protection exists automatically upon creation, this timely registration unlocks powerful legal remedies.
Can I put a Nike logo on a shirt for personal use?
Keep in mind that a trademark is different from copyright and offers protection to words, phrases, symbols, and designs that identify goods and services like Nike's “swoosh” or their slogan “Just Do It.” Using a trademarked logo without permission, even if it's for personal use, can also result in legal issues.
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.
Is it worth it to get a trademark?
Yes, trademarking is generally considered worth it as a strategic investment for protecting your brand, adding significant business value, and gaining nationwide exclusive rights, preventing costly rebranding later if someone else claims your name; it acts like insurance for your brand's future growth, though costs vary and enforcement is your responsibility.
What names to avoid for LLC?
You should avoid LLC names that are misleading, include restricted words like "bank" or "insurance" (unless licensed), contain offensive language or suggest illegal activity, are too similar to existing trademarks, imply professional licensing you don't have (like "CPA"), or use overused clichés (like "Apex" or "Pinnacle"). Always check your state's specific rules and ensure the name isn't already registered or trademarked.
Can I buy an abandoned trademark?
If the mark has been abandoned for three to five years, odds are, you're in the clear. That's the span that the USPTO requires trademarks to be maintained, meaning if the proper paperwork hasn't been filed, it's potentially up for grabs. The risk comes from the Lanham Act.
What is the cheapest way to trademark?
DIY filing is the cheapest way to get a trademark, but it's not risk-free.
Can I trademark a logo myself?
You can file a trademark application yourself through the government's website, and it's the cheapest option at $350.
What names cannot be trademarked?
Names that can't be trademarked are typically generic terms (like "Coffee" for coffee), merely descriptive terms (like "Best Tasting" for food) without proven consumer recognition, common surnames, geographically descriptive names, and marks that are deceptive, offensive, scandalous, or confusingly similar to existing marks, as well as official insignia or symbols. These are generally barred because they aren't unique enough to identify a single source or would hinder public use and fair competition.
How long does a trademark last?
How long do trademarks last? The length of a federal trademark registration term is 10 years, but trademarks can potentially last indefinitely. Unlike patents and copyrights, trademarks do not expire after a set period of time.
Is a trademark better than an LLC?
An LLC protects personal assets from business liabilities (legal structure), while a trademark protects brand identity like names, logos, and slogans from copycats (intellectual property); they serve different roles, with an LLC forming the business foundation and a trademark safeguarding its brand, often used together for comprehensive business protection. Forming the LLC first offers a legal entity, but registering the trademark first secures brand rights earlier, with many recommending an availability search before either.
Can you make money from a trademark?
Is it really possible to make real money with trademarks? Of course it is! You can ask the owner of the phrase “Let's get Ready to Rumble” who has made well over $400 million in licensing revenue according to ABC. And there are countless other companies, brands, and entrepreneurs that profit from trademarks.
Do I need a lawyer for a trademark?
No, a U.S.-based applicant isn't legally required to use an attorney to file a trademark, but it's strongly recommended because the process is complex, and mistakes can lead to rejection or weak protection. An attorney handles crucial tasks like trademark clearance searches, class selection, responding to Office Actions, and ensuring proper legal arguments, significantly increasing the chances of approval and providing better overall protection, though foreign applicants must use a U.S.-licensed lawyer.
Can I trademark a slogan?
You might also choose to protect a slogan or logo for those goods or services, if you have one. Deciding what you want to protect and to what extent is up to you. You can have a brand, but decide not to protect that brand by registering it as a trademark.
What does "IP" stand for in trademark law?
Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.
Who owns the Swoosh logo?
The Swoosh is the logo of American sportswear designer and retailer Nike. It is one of the most recognizable brand logos in the world, and the most valuable. As of 2025 the Nike brand was worth $90 billion.
Can I sell shirts with NFL logos?
Every NFL team logo, helmet design, and color scheme is protected by trademark law. The NFL itself owns and licenses these marks through a centralized licensing program. Selling products with any of these protected marks without a license is trademark infringement.
How can I check if a logo is copyrighted?
Go to the USPTO website: www.uspto.gov. Click on the Search Trademarks link to access TESS. Choose the Basic Word Mark Search or the Design Search Code Manual for logos.