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.