QUESTION: If you’re going to trademark a name for publishing and other purposes, does it make sense to have an IP holding company? If we’re going to get a name trademarked, which we intent to use for publishing, merchandise, etc, does it make sense to have an IP holding company that holds that name and licenses it out to the company using it for maximum protection, or is that pointless? I’ve had different attorney’s offer different answers.
ANSWER: From a legal perspective, a holding company might make sense if you were going to license the IP to persons/entities other than yourself. Or, if the assets of one company need to be shielded, a holding company could be useful to separate out the IP assets. However, from a tax perspective, the answer might be different.