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Have you chosen the ideal brand to convey the image and values of your new company? Have you just found the perfect name for a new product or service? Now you are faced with a real legal headache. First, you need to make sure that there are no previously registered identical or similar trademarks. Then you have to file the trademark with the Trademark Office. At this point, you still need to wait several months for the Trademark Office to examine the application and raise any objections. During this time, you are exposed to possible oppositions by holders of registered trademarks.
All these obstacles disappear if, instead of creating and filing a new trademark, you buy an already registered trademark. The already registered trademark is not subject to examination by the Trademark Office and cannot be objected to or opposed. This significantly shortens the time required. In addition, you benefit from the seniority of the registered trademark, which gives you greater legal security. And of course, it can also be cheaper to buy an existing trademark than to create a new one.
In addition, buying a brand that has been successful in the past but is now dormant has many commercial advantages. The buyer can relaunch it, building on its image and reputation. The revival can capitalise on the longevity of the brand, its history or a sense of nostalgia.
TradeYourMark® helps you find an already registered but dormant trademark and assists you throughout the trademark acquisition process.
Innovative approach
Shorter
timeframe
Greater legal security
After studying your brief, we propose a selection of trademarks that fit your project. We provide a full service at all steps of the acquisition process.
The first step in our process is to discuss with you to understand the characteristics of the brand you are looking for. Your criteria may include the class and sector of activity. You can also define, for example, the sounds, letters, words or parts of words that you would like to see in the trademark. This step in included in our initial fees.
We have developed an algorithm that cross-references many data sources to identify dormant registered trademarks. These trademarks are presumably available and you could give them a second life. We also have trademark portfolios twe have been mandated to sell. We look for trademarks meeting your requirements in our database. We give you a selection of 1 to 10 names meeting your criteria. This step is included in our initial fees.
Once you have made your choice, we act as an intermediary with the trademark owner, to negotiate the purchase within your budget. We can act confidentially if you wish. We negotiate the purchase as quickly as possible and in your best interests. The remuneration of TradeYourMark® is a commission calculated as a percentage of the acquisition price.
We assist you in the contractual aspects related to the purchase of the trademark. We prepare the purchase offer which formalises the agreement reached between the buyer and the seller. The signature of the purchase offer by both parties concludes the negotiation phase. We then draw up a standard purchase contract reflecting the terms of the purchase offer. This step is covered by our initial fixed fee. On request, we can assist our clients until the signature of the acquisition contract.
Recent projects
We work for all types of clients, from the individual entrepreneurs to large companies. We have helped clients buy trademarks in many sectors, such as fashion, personal hygiene and pharmaceutical products.
We assisted a public institution that wanted to acquire a previously registered trademark in the real estate sector.
Client challenges
A client who had been using a trademark for a long time without having registered it, found that similar trademarks had been registered.
The client was therefore concerned that he would not be able to register the trademark. He also wanted to avoid the risk that a third party might object to his use of the trademark.
Our approach
