How to Sell a Trademark

Trademarks aren’t just legal tools—they’re assets. Like any other business asset, a trademark can be sold, licensed, or assigned to someone else. If you're thinking about transferring ownership of a trademark, here’s how to do it the right way.

Can You Really Sell a Trademark?

Yes. Trademark rights can be sold or transferred to another person or company. This is often done during a business acquisition, brand sale, or when licensing arrangements change.

The process is called an “assignment,” and it requires clear legal documentation and proper filing with the USPTO.

1. Determine Ownership and Value

Before selling, confirm that you are the rightful owner of the trademark and that it's in good standing with the USPTO (e.g. current, properly renewed, and not involved in disputes).

Consider the value of the trademark based on:

• Brand recognition and market presence
• Revenues associated with the mark
• Licensing or franchise potential
• Domain ownership and customer goodwill

2. Draft a Trademark Assignment Agreement

This legal contract outlines the terms of the sale, including:

• Parties involved (buyer and seller)
• Details of the trademark(s) being transferred
• Purchase price or consideration
• Effective date of transfer
• Any limitations or conditions

It’s critical that the assignment clearly states that all rights, title, and interest in the trademark are being transferred, including goodwill.

3. Record the Assignment with the USPTO

Once signed, the assignment should be recorded with the USPTO to make it official and public. This protects the buyer and updates the ownership record for the registration.

You can record online using the Electronic Trademark Assignment System (ETAS), and you’ll need:

• A copy of the signed agreement (PDF format)
• The trademark serial or registration number
• USPTO filing fee (currently $40 per mark)

4. Update Other Assets and Licenses

If the trademark is connected to a product line, website, or social account, those should be transferred too. Also check if the mark was part of any licensing agreements—they may need to be updated or terminated.

5. Consider Tax and Legal Implications

Trademark sales may have tax consequences depending on how they’re structured. Work with a CPA or business attorney to ensure compliance and proper documentation.

Final Thoughts

Selling a trademark involves more than just a handshake. It’s a formal process that protects both parties and ensures the trademark continues to hold its legal value.

Whether you’re buying or selling, a trademark attorney can guide you through negotiations, drafting, and USPTO filings—so nothing gets missed.

Make your mark—Tampa’s trademark attorney protects it.