Structuring of ownership of IP assets is a good thing. The
traditional approach is for IP assets to be held by an IP asset
company that does not trade and for the use of the IP assets to be
licensed to a trading company. This way the IP assets are insulated
from the trading risk that will be incurred by the trading
company.
This is all very well but when it comes to considering the
application for registration of a trade mark and use of trade
marks, there are some trade mark law peculiarities that need to be
kept in mind or else the registration of the trade marks could be
revoked.
There are two issues. Firstly, which individual or entity must
be the applicant for registration of the trade mark. Secondly, what
control must the owner of a registered trade mark exercise over the
trade mark to establish that the trade mark is being used under the
control of the registered trade mark owner and therefore not
subject to removal for non-use.
