Estate Planning 101

How to Transfer Trademark Royalties into a Trust

Ensure the proper management and allocation of your trademark royalties by learning the step-by-step process of transferring them into a trust. This blog post provides a detailed guide to help you secure your intellectual property income.
February 4, 2024

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A trust isn't just for physical assets or properties; it can also be beneficial for intangible assets such as trademark royalties. Transferring trademark royalties into a trust can help ensure that your intellectual property is protected and managed according to your wishes. This post will guide you through the process of transferring trademark royalties into a trust.

Understanding Trusts

A trust is a legal arrangement where one party, known as the trustee, holds and manages assets for the benefit of others, known as beneficiaries. Trusts can be revocable, meaning they can be changed or cancelled at any time, or irrevocable, which are more permanent and can't be altered without the consent of the beneficiaries.

Why Transfer Trademark Royalties into a Trust

There are several compelling reasons to transfer trademark royalties into a trust. It can provide protection from creditors, potentially offer tax advantages, streamline the management of your assets, and help avoid the probate process. Furthermore, it allows you to control how and when your royalties are distributed to your beneficiaries.

Setting Up a Trust for Trademark Royalties

  1. Choose the type of trust: The choice between revocable and irrevocable trust depends on your specific needs and circumstances.
  2. Select a trustee: This person or entity will manage the assets in the trust on behalf of the beneficiaries.
  3. Create the trust document: This is the legal document that stipulates the terms of the trust, including the details of the beneficiaries and how the assets should be managed.
  4. Fund the trust: This involves transferring your assets, such as the trademark royalties, into the trust.

Process of Transferring Trademark Royalties into a Trust

  1. Value the royalties: First, determine the value of your trademark royalties. This may require an appraisal from an expert.
  2. Assign the royalties: Next, you'll need to assign the royalties to the trust. This involves creating a written assignment document and having it signed by both the trustor and the trustee.
  3. Change the beneficiary: Notify the entity that pays the royalties that you have transferred your rights to the trust and that future payments should be made to the trust.
  4. Document the transfer: Keep a record of the transfer, including the assignment document and any correspondence related to the change of beneficiary.

Seeking Professional Assistance

Transferring trademark royalties into a trust can be a complex process with legal implications. It's important to seek the advice of an experienced attorney or financial advisor who can guide you through the process and help you understand the potential tax implications and other considerations.

Conclusion

With careful planning and the right professional assistance, transferring trademark royalties into a trust can help you protect and manage your assets, ensuring they are used according to your wishes.