Legal Question in Intellectual Property in California
I am starting a small business but have not yet incorporated. I want to register a trademark for the business name as it is available but I eventually want the business to own the mark. I have heard there may be liability issues if the company is sued in the future and the trademark was originally registered by an individual (I.e., the individual may also be sued personally along with the corporation) even if ownership of the trademark is transferred to the business. Is advisable to initially own the trademark as an individual?
Thank you.
3 Answers from Attorneys
You can start the incorporation process and just do the trademark in the name of the business. Let me know if I can help with either/both. I have experience with corps, LLCs, fed trademark registration and state issues.
Best,
Daniel Bakondi, Esq.
415-450-0424
The Law Office of Daniel Bakondi, APLC
870 Market Street, Suite 1161
San Francisco CA 94102
http://www.danielbakondi.com
IMPORTANT NOTICE: This communication may contain confidential information, privileged information, or attorney work product. If you are not the intended recipient or received this message in error, any use or distribution of this message is strictly prohibited and unlawful. Please notify the sender immediately, and delete this message. No attorney-client nor confidential relationship is created through this communication. Nothing communicated or provided constitutes legal advice nor a legal opinion unless it so specifies and written agreement for attorney services has been entered into. Attorney licensed in California only. Your issue may be time sensitive and may result in loss of rights if you do not act in time. Thank you.
The other attorney is on point here. I can only add you should have a search done of federal trademarks first, to see if someone else has a federal registration on the mark. They would have the right to stop you in the future. Consult with a good trademark attorney in your area for specific advice.
Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise
Franchise Attorney
A pretty well known asset protection strategy is to not have the company own the IP, but instead have a licensing agreement between the actual owner and the company. The ideal situation is for the IP owner to be another entity (i.e., LLC). This can work if you as the individual owns the IP, but in practice, someone who is suing a company will likely name the owner in the lawsuit regardless to try and eliminate liability protection. This could be a long discussion, but in short, there are advantages to you owning the IP yourself and license it to your company.
Related Questions & Answers
-
Can i sue someone for adding the word "the" to a business name same as mine Asked 7/08/10, 10:19 pm in United States California Intellectual Property
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
