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Re: The process of purchasing a trademark.


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Posted by M. Arthur Auslander on September 03, 2001 at 04:40:09:

In Reply to: The process of purchasing a trademark. posted by ADC on September 02, 2001 at 14:01:55:

: Hello,

: I am particularly interested in purchasing a trademark. I don't mean registering one, but rather buying one from someone who currently "owns" it. I have searched a few online records, and it appears to be still owned by the original registrants.

: The trademarks were used on certain computer hardware and software products in the mid eighties to early nineties. The company was later purchased through stock. Since then their names and trademarks are no longer used, even though their "Technologies" are. The company that acquired them have no interest in using the old company trademarked names.

: I'm interested in buying the trademarks and developing new products under the them.

: Would it be too difficult to acquire the trademarks? How exactly are they transferred? And what kind of professional would I hire to negotiate the sell of the Intellectual Property?

: Thank you for your time,
: ADC

Dear ADC,
It would be advisable to consult an Intellectual Property lawyer you can trust. There are many things to consider. The subtleties of the law are too much to just put in a paragraph or two here. There are both business decisions and legal questions involved. For instance if the marks are registered, they may still be cancellable for statutory non use. Or if purchased are the marks validly alive?

M. Arthur Auslander

Auslander & Thomas-Intellectual Property Law Since 1909
505 Eighth Avenue, New York, NY 10018
212-594-6900, fax 212-244-0028, aus@auslander.com
ELAINE's Workshop™
E arly L egal A dvice I s N ot E xpensive™




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