Top Reasons to Buy a Trademark Instead of Registering a New One

Top Reasons to Buy a Trademark Instead of Registering a New One
12 Oct

Immediate Use and Brand Protection

One of the largest benefits of purchasing a trademark is having it available for your use instantaneously. By obtaining a new trademark registration, approval times may run for several months or even several years, depending upon the jurisdiction. Until it's available for your own use, during this timeframe, your brand cannot be independently protected, nor can it be monetised.

By buying a pre-registered trademark, you bypass waiting and achieve automatic protection by law. This is particularly great should you be releasing a new product or service soon and want the mark protected by inception.

Avoid Rejection Risk

The process of registering a trademark is risky. There is a risk at all times your application will be refused for reasons of:

  • Similar to a registered trademark.
  • Generic or overly descriptive terms.
  • Intricate legal matters involving the name or composition.

If you purchase a registered trademark, you are eliminating your chances of having it rejected. The trademark has undergone approval by a government office, hence it's been formally legalised for approval for your own use. It's a guarantee of peace of mind, having a legitimate and protected logo or even brand name for your business.

Faster Time to Market

Time is money, at least during times of industry competition, where going to market first may give a competitive advantage. Filing a new trademark usually requires a lot of waiting, including:

  • Carrying out an exhaustive trademark search.
  • Filing of the application before the proper trademark office.
  • Waiting for the approval (which can take months).
  • Addressing any potential legal objections or oppositions.

On the other hand, purchasing a registered trademark helps you start running. Whether it's a new product launch or growing your business, purchasing a well-known trademark helps you start promoting your brand immediately. It places you ahead of competitors and creates brand awareness faster.

Established Brand Equity

When you buy a trademark, you’re not merely picking up a name, logo – you’re usually purchasing the brand equity associated with it. It can be particularly useful if the trademark’s been on the market and built around it recognition, loyalty among customers.

Brand equity can give you a head start by:

  • Building trust: The customer might be known to the symbol or logo, hence building trust is simple.
  • Reducing marketing costs: A famous trademark helps decrease the requirement for intense marketing activities, as the brand is known by itself through its reputation.
  • Generating instant traffic: If your trademark is related to a pre-existing domain or online entity, then you are able to profit by utilising pre-existing website users or social media followers.

Such pre-existing goodwill may spare you a lot of time and money, leaving your focus, thereby, on growing your business.

Flexibility in Brand Expansion

Purchasing a trademark provides freedom to expand your brand. If planning to enter a new market, expand a new line of products, owning a preexisting trademark may be a tactical benefit. Here’s why:

  • Pre-Approved Classes: A majority of trademarks are preregistered under pre-approved classes that suggest the products or services for which they are a protection shield. By purchasing a trademark, it is possible to usually gain protection for your business in applicable classes, without preregistration for those new classes.
  • Multiple Use Cases: A registered trademark might have been filed for several applications, giving you a way to expand your products without having to file new trademarks.
  • Rebranding or Sub-branding: If your current trademark is suitable for your business objectives, it can be utilised as part of a larger brand strategy, both for rebranding and sub-branding purposes.

Cost-Effective in the Long Run

Whereas the cost of buying a trademark is seemingly exorbitant compared to a new registration, it's ultimately economical in the end. Here's why:

  • Avoid Reapplication Costs: If your new application for a trademark is refused, then re-application is possible, which means additional expenditure. Acquisition of a registered trademark helps to bypass this cost.
  • No Legal Disputes: As a new trademark is registered, there's a constant threat of someone disputing your registration, and it might involve an expensive war of lawsuits. With a registered trademark, however, this threat is greatly diminished.
  • Established Value: If a trademark has a pre-established market position, it may be worth more money than its original acquisition cost by way of customer awareness and potential for sale.

Long-term, purchasing a trademark may be a sound business expense, especially for companies seeking to enter a market quickly and expand it.

No Worry About Conflicts or Infringement

Upon filing a new trademark, a proper trademark search is imperative to prevent infringement of existing trademarks. A search, even thorough, may, however, slip through potential infringements, a fact which becomes quite costly during infringement suits.

By acquiring a registered trademark, you don't have to guess. The trademark has been cleared and accepted by the proper trademark office, thereby cutting down on potential infringement case risks or future disagreements. This lessens liability risks and lets a person build their business by focusing on expanding it, not by reaping worries about possible disagreements.

Global Reach with International Trademarks

If your company is based in several countries or intends to expand across borders, purchasing a trademark that is registered in other areas can spare you the headache of having to deal with multinational trademark regulation.

When you buy an internationally registered trademark, you:

  • Bypass lengthy international processes: Avoid long overseas procedures. It may take years to register a trademark in several nations. Buying one accredited in major marketplaces secures your time.
  • Consolidate branding efforts: A single trademark is enough to reach several markets, simplifying your branding and marketing strategy by places.
  • Ensure global protection: you are able to guarantee your trademark's protection by law across all nations for which it is registered, thereby minimising cross-border infringement chances.

Conclusion

Buying a pre-existing trademark can provide a number of strategic benefits over registering a new one. From spokeswoman protection and quick market access to evading risk of litigation and accumulation of brand equity, purchasing a trademark enables companies to start running on day one with a minimum spend and risk. 

Sites like BuySellTrademarks are easy and sound, and they provide unlimited access to a database of registered trademarks suitable for your profession and your branding ambitions. If scaling your company efficiently and rapidly is your aim, purchasing a trademark may be the best thing you have ever done for your business.

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