The Truth About Second Hand Trademarks

At Trademark Angel, we are often asked about buying existing trademarks, instead of going through the long process of registering a new trademark.  And as always, we tell our clients, Second Hand Trademarks it’s a terrible idea.

But the truth is, just like everything else, there are exceptions to the rule.  Let’s take a few minutes to think about why buying a second hand trademarks is not a good idea, and when it might be your best option.

The most important benefit of registering your brand’s trademark is that it gives you the right to protect your brand identity from marketplace confusion.  More so, you want to avoid counterfeiters with low quality knock-off products and services, destroying the reputation of your high quality brand.  Even in the case where there is no intentional misconduct, a registered trademark allows you to stop unintended infringements and protect the goodwill of your brand.

You may take it for granted that you automatically get these benefits by simply having a registered trademark.  Unfortunately, that is simply not true. You need an “enforceable” trademark.

In order for your trademark to hold up in court, the trademark registration must be done correctly.  You need:

• The right International Class for your products and services.
• A thorough and complete trademark search.
• The filing is done properly with a real specimen and history of commercial use.

Actually, there are too many details to list here.  Just know that if you don’t do your trademark correctly, there is a good chance it will not be enforceable in court.

When you file your trademark with the help of a knowledgeable and competent agent, you get all of these protections.  But when you buy a second hand trademark, you never know what you’re going to get.  And who knows what the real history is of that trademark.  Do you really want to carry the reputation of the previous owner?

So, when is it a good idea to buy an existing trademark?

Well, for one case, you might not care about the international class.  I mean, of course you need the right class to enforce your trademark in court, but maybe that’s not something you care about.  Since that’s the entire purpose of a trademark, why would anybody want to do that?

Because Marketplace Facilitators like Amazon don’t care about international class, once you get any trademark in any class, Amazon will allow you into the Amazon Brand Registry and enforce your brand across all Amazon categories.

Truthfully, that’s not how trademark law works. But that is what Amazon does. In this article we are only discussing buying a second hand trademarks for the purposes of selling on Amazon.  Despite the fact that enforcing a trademark in a class you don’t have an open you up to civil liability down the road, a huge number of Amazon sellers are doing this today.

If you are going to buy an existing trademark for the purpose of unlocking the Amazon Brand Registry, you still need to make sure you buy the trademark from a trusted source.  You need to know the trademark was filed properly, and the brand does not have a sordid history.

Trademark Angel is now working with trusted and checked providers to offer you good clean trademarks for a reasonable price.  For about $3,000 we can help you obtain a brand with an existing trademark properly registered in the US.  This option gives you the fastest possible access to the Amazon Brand Registry with an ability to remove hijackers, sometimes in as little as 24 hours.

These existing trademarked brands are in limited supply.  Contact us to find out about our availability.