Utica, NY asked in Trademark for New York

Q: What do I need to do to buy this trademark?

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2 Lawyer Answers
Marcos Garciaacosta
Marcos Garciaacosta
Answered

A: You need to contract an attorney.

Brandon M. Selinsky
Brandon M. Selinsky
Answered
  • Trademarks Lawyer
  • Denver, CO

A: Like any other major purchase, you first need to vet the asset. Is the trademark registered with the PTO? If so, is the listed owner the same as your seller? Has the seller assigned any rights to the trademark to anyone else? Are there any pending claims against the seller's right to use the trademark? When you run your own search or the mark, do you find any use of the same/similar marks for the same/similar goods or services?

If it all checks out, then you get yourself a robust assignment agreement and execute it. Like everyone else on this website, I highly recommend hiring an attorney for all of this, but for the agreement at the very least. Good luck!

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