Q: How to sell a registered trademark in use?

A: You should hire an attorney who practices in the area of intellectual property law to discuss with you the typical contents of an intellectual property transfer agreement so that you know what types of terms and conditions are common in this type of sale. Market your trademark to potential buyers under terms and conditions that are desirable to you. Try to reach an agreement on all material terms in a letter of intent. Then bring the letter of intent back to the attorney to prepare your intellectual property transfer agreement.

A: To sell a registered trademark that’s currently in use, you’ll first need to prepare an assignment agreement. This legal document transfers ownership of the mark, and it must clearly identify the trademark, registration number, associated goods or services, and terms of the sale. Both parties should sign it, and consideration (a purchase price or other value) must be included.

Once signed, record the assignment with the United States Patent and Trademark Office (USPTO). You’ll do this by submitting the assignment via the Electronic Trademark Assignment System (ETAS) to ensure that the public record reflects the change in ownership. Make sure your trademark remains in use during this process, as a lapse in use could undermine its value or validity.

To find potential buyers, identify companies or individuals in your product’s industry who may benefit from acquiring the brand. Use IP brokers, industry contacts, or professional networks to explore interest. Throughout the process, protect confidentiality and control the flow of information to preserve the trademark's value and negotiating leverage.