Help with Trademark

[UnreArcy]

Hi,

I have opened business as solo trader, I started retail store services: selling on ebay and amazon and in some time on my website, Im wondering If I trademark name under which Im trading now and in future open online retail store with the same name, Can I pass trademark ownership to my company later, after I switch from solo trader to ltd?

Also If I trade mark name now, whos gonna be owner of this trade mark, myself or "my trading name"?

 

[DontAsk]

You will be the owner as you are the business.

You can license or sell the TM to the Ltd. Take advice at the time as to the best route to follow.

 

[UnreArcy]

Ok, thats great.

Thank you for help.

 

[Deleted member 59730]

As a general rule trademarks and copyright and other IP should be owned by you as an individual and hired to the company.

 

[Hughj11]

I would slightly disagree with individuals owning IP rights as a general rule. IP is a valuable asset and whilst for copyright, it is most often the individual who holds the rights and licenses them out, with trade marks, without knowing the specifics, it is usually beneficial to consider them a business asset owned by the business.

It is important to mention a few factors such as liability of unlawful use (you personally vs your company), including it as a business asset for financial reasons but most importantly the proof of use.

If you do ever need to prove use (which is required for almost all proceedings), it will need to be used by the registered owner and use by another party (unless licensing agreements and other evidence is presented) will not be considered and you could lose the mark.

Ultimately it depends on the specific situation.