Where Can I Buy a Registered Trade Mark?
Emily Young
Having a registered trade mark is an excellent asset for your business. Not only can a trade mark help distinguish your brand from others and make your business more valuable, having it registered makes it much easier to enforce your trade mark rights.
Imagine you find a business that has already registered a trade mark that you think would be perfect for your business. In that case, you might be wondering if it is possible to buy their trade mark from them. This article will take you through where you can buy registered trade marks and an alternative to buying registered trade marks.
Can I Buy a Registered Trade Mark?
Trade marks are a form of IP, and like all types of property, it is possible to purchase them. However, as an intangible good, buying a trade mark differs slightly from buying a tangible good, like a house. Instead, the trade mark you buy will have to be transferred or assigned to you. This process involves recording the change in ownership with IP Australia for registered trade marks.
Where Can I Buy a Registered Trade Mark?
If you are looking to buy a registered trade mark, the first thing you will need to do is identify who currently owns it. This will allow you to contact the trade mark owner and discuss the possibility of purchasing their trade mark.
To find who owns a trade mark you are interested in buying, you will need to search IP Australia’s trade mark register. This provides the details of trade marks registered in Australia. For example, you can find the name of the trade mark owner, address, and representative.
Valuing the Trade Mark
If the owner of a trade mark is willing to sell it to you, you should consider having an agreement in place setting out the terms of the assignment. Like all intangible goods, it can be extremely difficult to estimate the value of a trade mark. The value of a trade mark will depend on a range of factors, including the goodwill it has acquired over time.
There are a few ways that you may value a trade mark, which we outline below:
| Income method | The trade mark’s value is determined in reference to the amount of income it generates |
| Market method | The trade mark’s value is determined based on the determined price of similar trade marks in comparable circumstances |
It is essential that you seek advice from a specialist when determining the value of a trade mark.
Assigning a Trade Mark
Once you have agreed on the terms and formalised the transfer by completing an assignment agreement with the original owner, you will need to file a request with IP Australia to amend the trade mark owner. Evidence of the transfer, such as a signed assignment agreement, must be provided to IP Australia to support such a request.
Once approved by IP Australia, the trade mark registration will be yours, giving you the exclusive right to use, license and sell the trade mark as you wish.
Alternatives to Buying Trade Marks
If you wish to buy a specific trade mark, but the owner is reluctant to sell their trade mark, you may be able to find some middle ground in the form of a trade mark licensing agreement. Licensing a trade mark refers to formally receiving permission to use a trade mark within certain limitations.
The extent of the licensing agreement is at the discretion of the trade mark owner. The three main types of licensing agreements are:
- exclusive, where only you as the licensee can use the trade mark;
- non-exclusive, where you and the licensor can use the trade mark, and others may also receive a licence; and
- sole, where only the licensee and licensor can use the trade mark.
There may be a number of fees associated with licensing a trade mark. For example, you may need to pay an ongoing licensing fee, royalties or even an upfront licensing cost.
Despite the benefits of licensing agreements, there are also some downsides to consider. This includes that you will be potentially sharing the trade mark with its owner and potentially third parties.
Key Takeaways
As with all types of property, it is possible to purchase a trade mark. The primary steps you will need to undertake include:
- locating the trade mark owner;
- valuing the trade mark; and
- assigning the trade mark.
If you need assistance buying a registered trade mark, our experienced IP lawyers can help. Give them a call on 1300 657 423 or fill out the form on this page to get in touch.
Frequently Asked Questions
Like all forms of property, you can buy a registered trade mark. The process of buying a trade mark differs slightly from buying a tangible good. The trade mark you buy will have to be transferred or assigned to you and recorded with IP Australia.
If you are looking to buy a registered trade mark, the first thing you will need to do is identify who currently owns it. This will allow you to contact the trade mark owner and discuss the possibility of purchasing their trade mark. IP Australia’s trade mark register has the contact details of all trade mark owners publicly available.