Jeff wrote me with the following question: I have a catchy name for a product that already exists, but as far as I can tell no one is using this name. If I trademark the name, can I sell the trademark to a company, similar to a web domain?
Jeff, the over simple answer is yes you can try to sell your trademark. However, it's not like cybersquatting. Trademarks are sold as part of the sale of a business. You can't trademark register a name unless you are using it in commerce (or bona fide intent to use) and not just the commerce (business) of selling the name. BTW There are now laws on the books that can deter the business of cybersquatting.
- Domain Names & Trademark Law
- And this interesting WIPO notice Volvo.ws VS Volvo
Trademark creation services do exist - people that make up a great name or logo for a business and then that business owner registers the trademark - for example this one that I found randomly. Don't know if that would work for a one off.
Famous Trademark Sales
The name Coca-Cola is a combination of the names of two ingredients, the coca leaf (from South America) and the kola nut (from Africa). Between 1887 and 1888, the name and formula were sold three times.
Image Courtesy Coca Cola Company
Although your statement that the right to register a trademark must be based upon use in commerce, one can apply for registration based upon a “bona fide intent to use” the mark via an “ITU” application. When the application has completed examination, the applicant is given at least six months to file a “Statement of use” documenting use in commerce. During this period the applicant might “change” its intent to use and transfer or license the application to another, who could then put the mark to use and obtain a registration. Due to the nuances of initial and later changed “intent,” a competent trademark attorney should be consulted.
True and I’ve added that statement
What if your company goes under or another company goes under. Can you re-acquire those rights or sell-off your own?
I like hot to warm taco shells, I would like to invent tongs that shape and hold taco shells in place while you deep fry them in oil. If there is one out there, prior to this comment, someone let me know! Sincerely A. Russell from San Carlos, Arizona. 928-475-2470.
Q……If you take a balloon and blow it up and make something else out of it, such as an animal or structure, can you use the name, for example, “Twisty Balloon” and patent it? Appreciate your answer!!……Thanks