{"id":5405,"date":"2021-07-13T14:41:46","date_gmt":"2021-07-13T04:41:46","guid":{"rendered":"https:\/\/trademark-registration.com.au\/?p=5405"},"modified":"2021-07-27T17:14:29","modified_gmt":"2021-07-27T07:14:29","slug":"buy-trade-mark","status":"publish","type":"post","link":"https:\/\/trademark-registration.com.au\/information\/buy-trade-mark\/","title":{"rendered":"What Is the Process for Buying a Trade Mark in Australia?"},"content":{"rendered":"\n

Like any form of property, you can buy and sell trade marks. However, since trade marks are intangible, the process of transferring the trade mark from its owner to the buyer (an assignment) differs slightly from a typical buying and selling transaction. This article outlines the process for buying a trade mark in Australia and things to keep in mind at each stage of the buying process. <\/p>\n\n\n\n

Identify the Owner <\/h2>\n\n\n\n

Once you have settled on a trade mark you wish to purchase, it is important to identify who owns the trade mark. Fortunately, the Australian Trade Mark Search<\/a> is a publicly available registry that details all trade marks registered with IP Australia. Each entry on the registry<\/a> includes the names of trade mark owners and their business addresses. This makes the process of contacting the trade mark owner much easier in the buying process. <\/p>\n\n\n\n

Settle on an Agreement<\/h2>\n\n\n\n

If the trade mark owner is willing to sell their trade mark, then it is likely that you will begin negotiating a sales agreement. This is when both parties will agree on the price that they will sell the trade mark for. <\/p>\n\n\n\n

It is important to bear in mind that trade marks have no settled price. Instead, the cost of a trade mark largely depends on a range of factors, such as the goodwill of the business which the trade mark represents and the competitive advantage the business has attained in the market. Generally, the greater the goodwill of a business, the higher the value of its trade marks<\/a>. <\/p>\n\n\n\n

There is also no settled method for trade mark valuation. Rather, specialists in the field use different methods to value intellectual property. For example, the income method values trade marks based on the amount of income it generates, which is then adjusted to its present value. On the other hand, the market method values trade marks based on the price of comparable trade marks in similar circumstances. Therefore, when you are negotiating a sale price with the trade mark owner, you could seek advice from a trade mark specialist to assess the value of the trade mark. However, it is important to note that whilst a specialist\u2019s valuation will provide a close estimate of the value of the trade mark, only after an agreement will both parties determine the actual sale price. <\/p>\n\n\n\n

Formal Assignment <\/h2>\n\n\n\n

Once you have negotiated the sales agreement, the trade mark owner must transfer or assign the trade mark<\/a> to you. <\/p>\n\n\n\n

An assignment is the formal transfer of a trade mark. It involves the trade mark owner registering a change in the ownership of the trade mark. <\/p><\/blockquote>\n\n\n\n

An effective trade mark assignment means that the original trade mark owner (the assignor) no longer enjoys the exclusive right to use, licence, and sell the trade mark. Instead, you as the buyer (the assignee) then enjoy exclusive use of the trade mark to distinguish your own goods and services.<\/p>\n\n\n\n

You must <\/em>register a full assignment of a trade mark with IP Australia.<\/a> The registration process will require you to fill out two primary documents, the first being an assignment request form. The request form for a full assignment can be found here<\/a> and generally requires the following information:\u00a0<\/p>\n\n\n\n