When you file a trademark, should you file it in your personal name, or in the name of your company? If you’re a sole trader it doesn’t matter, because you don’t have a company, but if you do have a company, which is best?
Well, the reason you have the company is to isolate yourself from personal debt. So, if the company doesn’t do well, and the creditors come after your company, then they can only take the assets of the company. So, it’s a bit of a double edged sword when it comes to trademark protection, and it really is a personal decision.
Some people prefer to own the intellectual property themselves personally, so that if something happens to the company, the trademarks, or the intellectual property still belong to them. Others prefer the intellectual property to be in the name of the company because then if they decide they’re gonna sell the company, they may want the intellectual property to transfer with the company. Now, whether you have it in the name of a company, or a trading trust, is something that you need to ask an accountant, because the accountant is the one who can help you with the tax questions and answers. So, should you put it in your own personal name?
Most people put it in the name of their company, some people who have ideas of selling the company but wanting to retain the intellectual property, put it in their personal name. It really is a decision that is up to the individual business owner, and depends on what’s gonna be best for you personally. My name is Cathryn Warburton and I am the Legal Lioness.