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Trademark Due Diligence Before Buying a Company

A trademark is a commercial asset whose protection should be planned before, during and after the filing process. The value of a trademark in an acquisition depends on genuine title and the ability to exploit it, not merely certificates provided by a seller.

What to keep in mind

Review ownership chain, current status, classes, licenses, litigation, oppositions and restrictions; address deficiencies through contractual warranties and closing conditions.

A key mark held by a founder or distributor may be outside the shares or assets being purchased.

Distinctions often confused

Ownership of a domain name does not prove ownership of the INPI trademark registration.

Frequently asked questions

Is a search under the business name sufficient?
No. Review application and registration numbers, recorded owners and related rights.
Can trademark issues affect acquisition price?
Yes. They can justify adjustments, indemnities, holdbacks or closing conditions.

Informational content. It is not a substitute for professional advice.