Legal Question in Intellectual Property in New York

What is the difference between an individual and a business organisation owning a trademark? Assume the organisation is registered and it belongs to the said individual. Are there pros and cons to each type of ownership?


Asked on 11/25/13, 1:30 am

2 Answers from Attorneys

Roman Fichman Esq. Law Practice of Roman Fichman Esq.

Much of it depends on the contemplated / actual usage of the TM and goals of the business. This require a consultation.

My office has a special offer for LawGuru clients where we can conduct a limited review of the matter at $99. To take advantage of this limited time offer please go to:

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Disclaimer: This post has been written for educational purposes only and was not meant to be legal advice and should not be construed as legal advice or be relied upon. No intention exists to create an attorney-client relationship or any other special relationship or privilege through this post. The post may contain errors, inaccuracies and/or omissions. You should always consult an attorney admitted to practice in your jurisdiction for specific advice. This post may be deemed as Attorney Advertising.

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Answered on 11/25/13, 7:09 am
Frank Natoli Natoli-Legal, LLC

The decision to own the mark as an individual vs an entity depends. In most cases, the mark is owned by the business and that becomes and asset like any other asset of that business. The partners involved would not lay claim over any other in most scenarios.

In some cases, an individual will retain the ownership of the mark and license it to the business. This strategy can offer some tax benefits because the income to that mark holder under the licensing agreement is not subject to the self-employment tax.

I suggest that you consult a lawyer in private to explore your options. If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.

Kind regards,

Frank

www.LanternLegal.com

866-871-8655

[email protected]

DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.

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Answered on 11/25/13, 7:56 am


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