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 previous 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 earlier 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 is generally cheaper to buy an existing trademark than to create one.
TradeYourMark® offers to find an already registered but dormant trademark for you. In addition, TradeYourMark® will assist you throughout the trademark acquisition process.
Innovative approach
Shorter timeframe
Greater legal security
You want to speed up your trademark creation process
This approach speeds up the creation and registration of a name very significantly. It is therefore particularly interesting if you need a trademark quickly. It also has many advantages if you are looking to establish yourself in a new market. You can quickly find a name that is perfectly suited to the local market or culture, either directly or via naming agencies.
You want to control your budget
You are not sure you have the marketing skills to create your brand yourself. But you do not have the budget to use external service providers. Our approach allows you to select your brand from a list chosen especially for you, at an attractive cost. This is particularly interesting for start-ups.
You want to secure your business
You have started to use a trademark without registering it and realise that there are already relatively similar registered trademarks. By purchasing the first registered trademark, you ensure that you have legal seniority over similar trademarks registered subsequently.
After studying your brief, we propose a selection of trademarks that fit your project. We then assist you through the whole process of acquisition of the selected trademark: negotiation of financial terms, legal formalities for the signature of the contract and registration in the trademark registers.
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 mark. We charge a fixed fee for this first step.
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 that have been entrusted to us by clients who wish to sell them. Based on your brief, we search our database. We propose 1 to 10 names corresponding to your request. This stage is subject to a fixed fee.
Once you have made your choice, the first step is to set the price at which you are willing to buy the trademark. We then act as an intermediary with the trademark owner. We can act confidentially if you wish. We negotiate the purchase as quickly as possible and in your best interests. TradeYourMark® is paid a percentage of the purchase price.
We assist you in the contractual aspects of the trademark purchase and the follow-up of the signature operations. We can also assist you in the process of registration in the trademark registers. This step is subject to a fixed fee.
They trusted us
In particular, 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
Analysis of identical or similar registered trademarks
• Using the TradeYourMark® database, identification of an identical or similar registered trademark that had been dormant
• Validation with the client of the relevance of the name and decision to attempt to buy the trademark from its owner
Negotiation
• Negotiation with the trademark owner on a confidential basis, in accordance with the client's instructions
• Acquisition of the trademark by TradeYourMark®.
Transfer of the brand to the client
• Transfer of the trademark to the client
• This ensures that he can continue to use the trademark in complete security. In addition, he benefits from a 10-year seniority