Who Should Have Ownership to Trademark – Holding Company?

Posted by Michael Shimokaji | Jun 06, 2017 | 0 Comments

QUESTION: If you're going to trademark a name for publishing and other purposes, does it make sense to have an IP holding company? If we're going to get a name trademarked, which we intent to use for publishing, merchandise, etc, does it make sense to have an IP holding company that holds that name and licenses it out to the company using it for maximum protection, or is that pointless? I've had different attorney's offer different answers.

ANSWER: From a legal perspective, a holding company might make sense if you were going to license the IP to persons/entities other than yourself. Or, if the assets of one company need to be shielded, a holding company could be useful to separate out the IP assets. However, from a tax perspective, the answer might be different.

About the Author

Michael Shimokaji

Michael’s expertise includes the strategic development of patent and trademark portfolios. He identifies those patents and trademarks that are valuable to his clients by providing them with a competitive advantage. Then, Michael obtains patent and trademark registrations in the US and abroad.

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