'Shared' Trademark Advice?

[jayeverall]

Hi All,

I'm looking to register a brand name as a trademark, but I currently have two limited companies and a sole trader (my partner's business) all using the same brand name.

I wondered what the best way would be for me to trademark the name - whether to just assign ownership to one of the limited companies and put something in writing to the other two businesses giving permission, or whether to set up another ltd as a holding company to hold the trademark so that all businesses are on a level playing field.

Any advice would be much appreciated

Many Thanks,

Jay

 

[ethical PR]

Probably need to get some professional legal advice on this. You could look at one company owning and then licensing. But what happens if you fall out with your partner?

 

[MOIC]

Why not register it in your private name?

This will protect the trademark in the event of any, or all companies failing.

How you allow other parties to use your brand will depend on the contract you have with each.

Get it drawn up by a competent solicitor.

 

[RayLevy]

Hi Jay

Its a good question.

We need to look at who owns each of these companies, what they use the brand name for (eg just a section of the business) and what the prospects are for the future, eg sale of one of the businesses or sale of the entire brand, creating new businesses under the brand, or licenses to third parties.

Also, there may be a couple of tax issues to consider here too. Firstly, if the name currently belongs to one (or more of the companies) and we transfer it into your personal name, then you may have received a transfer of value that you will have to pay tax on. Secondly, it may be worth considering whether the companies should pay a royalty to you for the use of the brand, and if so, whether or not this is an effective way of making payments to you from these companies.

I'm not a tax accountant, so I cant answer the tax queries (but I can put you in touch with someone who can). But I am a decent solicitor and I can help you with preparing the documents if you want.

Ray