The short answer
Buy a trademark only once the right being transferred is clearly identified and fits your offering. A register entry alone does not answer every question about use, contracts or conflicts. Assess the right, the seller's documentation and your proposed use together before committing to the purchase.
Identify the asset by its registration number
Compare the registered sign, owner, goods and services, and remaining protection period. A similar-sounding brand name in a sales listing is not a precise description of the asset. Establish whether the offer concerns a Swiss registration or protection that applies in a different territory.
Where ownership has changed before, request an explanation and evidence of the chain of transfers. Ask about existing licences and other agreements concerning the trademark. Domains, social media accounts and copyright in artwork are separate contractual items. Explicitly list the additional rights you want rather than silently assuming they accompany the mark.
Sources: Fedlex: Trade Mark Protection Act, assignment and licensing · IPI: Recording an ownership change
Examine use and conflicts before deciding the price
A mark unused for a prolonged period can be vulnerable despite its visible register entry. Request appropriate records of actual use, the relevant products, periods and markets. A statement that the mark was once registered does not replace an assessment of the conditions for rights-maintaining use.
Ask about warning letters, oppositions and ongoing disputes. Also assess whether your planned use extends beyond the seller's previous activity. The IPI did not examine conflicts with earlier rights when registering the mark. Buying a registered trademark therefore does not guarantee clearance for every new product line.
Sources: IPI: Use and non-use · IPI: Conflicts with earlier rights
Coordinate the assignment, register change and handover
A trademark assignment must be in writing to be valid. It takes effect against third parties acting in good faith only after entry in the register. The contract should identify the right and scope precisely. A partial assignment must specify which goods and services pass to the buyer.
Agree who requests the register change and supplies the necessary evidence. The IPI provides online services for this purpose. Coordinate deadlines, ongoing correspondence and handover of use records too. Paying the purchase invoice alone does not ensure that all future administration reaches the person who will actually manage the trademark.
Sources: Fedlex: Trade Mark Protection Act, assignment and licensing · IPI: Recording an ownership change
What you can do now
- Record the registration, owner, scope and remaining term.
- Request use records, licences and information about known disputes.
- Plan the written assignment and register change together.
Frequently asked questions
Do I automatically acquire copyright in the logo too?
Do not assume so. Trademark assignment and rights in the artwork concern different protections. Expressly establish which additional rights the seller can and should transfer.
Sources: Fedlex: Trade Mark Protection Act, assignment and licensing
Is an old, unused trademark particularly secure?
No. Age alone does not establish validity. Non-use can affect enforceability; assess actual use and the legal position before buying.
Sources: IPI: Use and non-use