Perkins Law - Brand Protection

💡 DID YOU KNOW? 💡

You cannot sell your trademark all by itself. ⚖️

Under 15 U.S.C. § 1060(a)(1), a trademark is tied to the business it represents. When you transfer the trademark, the "goodwill" of the business that built that brand has to go with it. Sell the trademark alone, without the underlying business assets that gave it value, and the assignment is invalid. The mark can lose its protection. The buyer ends up with a piece of paper that does not actually carry the rights they thought they were buying. 🛡️

The technical name for this mistake is an "assignment in gross." It is one of the most common, and most expensive, trademark errors in small-business sales and purchases.

A trademark is only as strong as the business standing behind it. Treat the assignment paperwork like it matters. Because it does.

We assist clients nationwide with properly documenting trademark assignments.

Perkins Law - Brand Protection
Boca Raton, FL | 561-467-4001
Get Your Brand Armor On!®