Helpfulbox Now Offers Free POS Software for restaurants, kiosk, and any other retails business completely free used windows cashier system or as full blown POS. You will able to print to kitchen, display orders on the kitchen screen, manage inventory, employee, report, customer loyalty offers, employee management, delivery address track and much more, al for free.

Any drawbacks to filing the design under my own name? Any drawbacks to filing it under the LLC?

an LLC and trademarked a design. The LLC is my name with LLC behind it... The attorney is a trademark atty so she didn't really know how to advise me about this, but I remembered reading that I can register the design under myself as opposed to the LLC. She said I could register under myself or under the company. I told her I'd like to register it under my own individual person (not completed yet). Not sure I'll be going into any partnerships in the future with the "fictitious name" I recently filed for a side biz under my LLC. Any drawbacks to filing the design under my own name? Any drawbacks to filing it under the LLC? I did this because I want it to be my own and if I want to lease the rights in the future, I want the benefits to come to me. How can I best protect this design/trademark in the case of any personal legal issues? Also, what if (and it's not likely, but just need to know)... what if I need to file personal bankruptcy in the future, should I be unable to pay my current medical bills, etc.? Do I still get rights to my design since it's "intellectual property"? Thanks!
Date: Fri-May-26-2017-
Response
0
I should add that a friend wants to go into 

partnership with me but I want the trademark to be under my control.

If I put the Trademark under my LLC and not the "fictitious name", it's under my jurisdiction, correct? Then if he and I partner under the "fictitious name," it would still be my LLC's property, right?

I've been reading a few articles about it but I'd like some real-person feedback on the situation since I'm a newbie and this can all be a bit confusing. :) Thank you.

http://www.foxrothschild.com/publications/proper-ownership-of-trademark-registration-is-critical/

http://www.trademarkdesignprotection.com/Trademark_ownership

https://www.ny-trademark-lawyer.com/who-should-be-the-owner-of-a-trademark.html 

[d] By: gusto
Date: Fri-May-26-2017
Response
0
Company / Partnership Ownership 

∑ Transferral or license of a registered trademark 

o If the company is sold, the IP rights are generally transferred to the purchaser 

o The company can assign or license the trademark to other companies or individuals 

o If the company goes bankrupt, the trademark part of its assets can accordingly be sold off. 

∑ When the company owns a registered trademark its value may be increased: 

o Registered trademarks are quantifiable assets with a monetary value 

o Registered trademarks can serve as a security interest in financial transactions 

o Successful registered trademarks can be exploited as negotiating tools in business ventures 

o Owners of a registered trademark are entitled to sue a third party for infringement. However, they are also liable in the event that their registered trademark is deemed to have been used unlawfully. Company or partnership ownership protects the individual from potential liability. 


Individual Ownership 

∑ Transferral or license of a registered trademark 

o An individual may assign or license a trademark to a third person 

o In the event of death, trademark ownership passes to the individualís estate 

o If the company goes bankrupt, the IP rights remain with the individual, and cannot be seized as part of the companyís assets. However, in the event that the individual faces bankruptcy, the trademark may be sold off accordingly 

∑ Revenue: 

o Ownership of a registered trademark could generate income for the owner, since royalties may be demanded for trademark usage (from the licensee) 

o This system of ownership could have tax advantages for a company 
[d] By: daft
Date: Fri-May-26-2017
Response
What is 1 + 100



Helpfulbox Now Offers Free POS Software

for restaurants, kiosk, and any other retails business completely free. It can be used as windows cashier system or as full blown POS. You will able to print to kitchen, display orders on the kitchen screen, manage inventory, employee, report, customer loyalty offers, employee management, delivery address track and much more, all for free.

Just Updated::