Cambridge, MD asked in Trademark and Intellectual Property for Maryland

Q: How do I purchase the rights to a trademark?

2 Lawyer Answers
Mark Oakley
Mark Oakley
  • Rockville, MD
  • Licensed in Maryland

A: If somebody already owns and has registered the trademark you want, then you will have to purchase the trademark from the owner, who then assigns it to you under the purchase contract; or you can lease the use of the trademark from the owner.

If the trademark you want to use is not registered already, then you can register it here, as well as look up the identity of the owner of any trademark already registered:

If you simply want to create and use a tradename for your business, assuming it is not already taken, and use it locally, you can register it with the Maryland State Department of Assessments and Taxation (SDAT) Charter Division, using the Business Entity portal online. You can also create a business entity using the name, such as an LLC or corporation, to operate under.

Felicia Altman
Felicia Altman
  • Trademarks Lawyer
  • Mercer Island, WA

A: In order to find out if you are able to receive a license to use someone else's trademark or make an offer to buy a transfer you should contact a trademark attorney. If the parties mutually agree in the transfer an assignment will need to be filed with the USPTO.

If you would like to file a new trademark this can be done with the USPTO. I recommend contacting a trademark specialist to assist with looking into if your trademark is already registered and guiding you through the USPTO process.

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