Trademark, Domain Name And Other IP Considerations In Spin-Offs

When planning for a spin-off, companies should address important trademark, domain name and related intellectual property (IP) matters alongside the myriad other matters involved in this complex type of transaction.  The parties (the former parent company and the spin-off company, or spinco) should consider the following questions and implications.

Will the spinco have a new name/branding strategy post-separation?

If the spinco will have a new name or branding strategy, it is critically important to engage trademark counsel early in the process, in addition to confirming that the new name is available for registration as a business or trade name with the secretary of state in each state in which the spinco will conduct its business post-separation.  Counsel will conduct and analyze trademark searches to confirm that the proposed name is available to the spinco, both for its use as a trademark, meaning free from serious risk of objection by third parties, and for