OWNERSHIP
Which of your companies should own it
The owner of a trademark is typically the person or company that controls how the brand is used.
Founders with more than one company, or with a holding company, commonly decide which one holds the IP. Sometimes one company holds it and licenses it (gives permission to use it) to the others.
The applicant's exact legal name matters. A filing in the wrong name, or in a founder's own name by mistake, can cause problems later.
Changing owners later is possible, but it takes paperwork (called an assignment), and it's easier to plan for up front.
Why this matters to your business
Investors and buyers check who holds the brand and the IP. Tidy ownership makes a sale, a raise or a new partnership simpler. Some founders put their IP in a company and some hold it themselves and license it to the business; an attorney explains the trade-offs for yours.
What an attorney will want to know
- The exact legal name and state of each company
- Which company sells the products and signs the contracts
- Any plans for a holding company or a new company
Ask your attorney
Which of my companies should own the mark?
Would a separate company for the IP fit my plans?
General information, not legal advice. An attorney confirms how this applies to you.