When safeguarding their brand, many entrepreneurs and estate planners ask a smart question: Can a trust own a trademark? At R.J. Pierce Law Group, P.C., we’re not just focused on helping you register your trademarks—we’re invested in helping you structure ownership in a way that aligns with your business and long-term goals.
Spoiler alert: Yes, your trust can own your trademark—but there are a few things to consider first.
What Is a Trust?
A trust is a legal entity you can create to hold assets for specific individuals or entities (called beneficiaries). Trusts are often used in estate planning to avoid probate, reduce taxes, or manage wealth.
But here’s where it gets interesting: trademarks are intellectual property (IP), meaning they can be owned, transferred, or even licensed, just like physical assets. And yes, that includes being held in a trust.
Why Put a Trademark in a Trust?
There are several compelling reasons to place your trademark registration in a trust:
- ✅ Estate Planning: Secure your brand’s legacy and ensure smooth transfer to heirs.
- ✅ Asset Security: A properly structured trust can shield assets from specific legal claims.
- ✅ Tax Strategy: Holding IP in a trust may provide tax benefits in some situations.
- ✅ Business Succession: If your brand is your business, this move ensures continuity in case of incapacity or death.
At R.J. Pierce Law Group, we’ve advised clients with legacy brands, family-run businesses, and high-growth startups on innovative ways to structure trademark ownership.
How It Works
To transfer a trademark to a trust:
- Create the Trust: This is typically done with the help of an estate planning attorney.
- Assign the Trademark: You must file a trademark assignment with the USPTO to officially transfer ownership from yourself (or your company) to the trust.
- Maintain Accuracy: USPTO records must always reflect the current legal owner. If your trust now owns the mark, it must be listed as such.
Pro Tip: An incorrect or incomplete assignment can jeopardize the validity of your trademark registration.
Is It Right for You?
While not everyone needs to put their trademark into a trust, it’s something to consider if:
- You’re building a brand you want to pass down.
- You’re creating a succession plan for your business.
- You’re managing multiple IP assets as part of a long-term wealth strategy.
It’s beneficial for solo entrepreneurs, family-run companies, and creatives who treat their brand as both a business and a legacy.
Let’s Make It Personal
At R.J. Pierce Law Group, we don’t believe in one-size-fits-all solutions. Whether you’re exploring trusts, LLCs, or corporations as the right owner for your trademark, our team can help you weigh the legal and practical pros and cons—and get everything filed correctly.
Need help making sure your trademarks are structured for long-term success? Book a consultation with our legal team and have peace of mind that your IP is secured today and tomorrow.
