|
I hold many trademarks personally (no business entity involves here). If I launch a company which is independent legal entity, do I need to give trademark rights to company before using it? Or, I was thinking this: My own company can survive without such rights because I would never sue my own company. And, I can sue other companies which would use trademark without taking its right from me. Am I missing something? |
|||
|
|
|
Yes, you are missing something. In the U.S. (other countries are likely similar), you can't get a trademark unless you are actually using the trademark in commerce. You as an individual can't get a trademark if you are not using the mark. I suppose you could use the trademark as an individual and also have the company use the same mark, but that seems likely to create a host of problems. People would have trouble distinguishing the two of you and maybe (speculating) that might lead to piercing the corporate veil. If you got a trademark and are not using it, then you may not have read the fine print of the trademark application. That could be a problem as it would be a false statement to the trademark office. If you got a trademark and are using it, then transferring the mark from yourself to the company, might be a taxable event as the mark would have some value. Maybe someone else here can elaborate on that. |
|||||
|
