Friday, April 11, 2008

Startups and Trademarks

Dilution by Blurring's Acquiring a Trademark addresses a subject that needs considering when buying and selling an existing business. The article identifies the following trademark issues as what buyers need to think about before buying a business:

  1. "First, business owners should be aware of what marks they are actually buying...."
  2. "Second, because trademarks are a bundle of rights similar to real or personal property, the marks may be encumbered by security agreements...."
  3. "Third, business owners should be sure to get an assignment of each individual mark from the seller...."
I would make another point even more explicit: when buying a business, hire an attorney who has some knowledge of trademarks.