Yes, You Can Buy and Sell Trademarks
A trademark is property, and like other property it can be bought, sold, and transferred. Brands change hands constantly — as part of company acquisitions, in asset sales when a business winds down, through licensing-to-purchase deals, and occasionally on dedicated IP marketplaces. But trademarks come with a rule that doesn't apply to most assets, and getting it wrong can destroy the very thing you're buying.
The Golden Rule: Goodwill Travels With the Mark
Under US law, a trademark cannot be sold by itself as a bare name. It must be transferred together with the goodwill of the business it symbolizes — the reputation, customer association, and commercial activity behind it. The reason is that a trademark exists to identify a consistent source to consumers; sever it from its business and it stops meaning anything.
Selling a mark with no goodwill or ongoing business attached is an "assignment in gross," and courts can treat the resulting registration as invalid. A buyer who acquires a mark in gross may find they bought nothing enforceable. This is the single biggest trap in the trademark resale market.
Where Trademarks Are Traded
- As part of a business sale. The most common path — the mark transfers with the company or product line and its goodwill, cleanly satisfying the goodwill requirement.
- Brokered IP deals. Specialist brokers and law firms match buyers and sellers for valuable standalone brands, structuring the deal so goodwill and assets transfer too.
- IP marketplaces and auctions. Online platforms list trademarks (and domains) for sale. These require extra care to ensure genuine goodwill and a clean chain of title.
- Settlements. Disputes — including oppositions and cancellations — are often resolved by one party assigning or coexisting with the other.
How to Value a Trademark
There's no fixed price list. Valuation borrows the same methods used for royalty analysis:
- Comparable sales — what similar marks in the category have sold for.
- Relief-from-royalty — the royalty stream the buyer avoids by owning rather than licensing the mark, capitalized into a value.
- Brand strength and reach — distinctiveness, recognition, the classes and territories covered, and the revenue the brand drives.
Closing the Deal Properly
A clean trademark purchase has three essentials: a written assignment agreement that explicitly transfers the mark and its goodwill; transfer of the associated business assets so the goodwill is real; and recording the assignment with the USPTO so the public register names the new owner. Recording protects the buyer against a later conflicting assignment and makes the chain of title clear. For the mechanics of transferring a mark, see our guide to trademark assignments.
Frequently Asked Questions
Can you buy and sell trademarks?
Yes. Trademarks are property that can be bought and sold, but a US trademark must be transferred together with the goodwill of the business it represents — not as a bare name on its own.
What is an assignment in gross?
It's the transfer of a trademark without the accompanying goodwill or business. US courts can treat an assignment in gross as invalid, meaning the buyer may acquire no enforceable rights.
Where can I sell a trademark?
Most trademarks transfer as part of a business or asset sale. They also change hands through specialist IP brokers, online IP marketplaces, and dispute settlements. There is no single official exchange.
How do you value a trademark?
Through comparable sales, the relief-from-royalty method, and an assessment of brand strength, recognition, and the classes and territories the mark covers.
Laws, fees and procedures change. If anything here differs from the official source, the official source is right. Links checked 19 October 2026.