Brand Control, Part 10: “The Brand Lives On” — Trade Marks in Exit, Investment, and Succession
Your brand might be your single most valuable asset. But when serious money is on the table — whether in an investment round, a business sale, or passing the business to the next generation — the question isn’t just what your brand is worth. It’s whether it can stand up to scrutiny.
💰 IP in Due Diligence
Investors, acquirers, and their lawyers will dig deep. Expect questions like:
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Does the entity actually own the trade mark registrations?
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Are they registered — and in the right markets?
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Are there pending disputes, opposition proceedings, or known copycats?
If the answers aren’t clear, expect your deal timetable (and possibly your deal value) to suffer.
🔗 Assignment and Licensing Clean-Up
A surprising number of brands have messy ownership histories. Fix them now, not during due diligence:
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Ensure every assignment is documented — especially transfers from founders or prior owners.
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Identify and resolve any co-ownership or “grey” IP where a contractor or third party may have rights.
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Review licensing arrangements, particularly where related entities use the brand, to ensure they’re properly authorised.
An untidy chain of title can turn into a deal-breaker.
🧓 Succession Planning
For personal brands and family-run businesses, registered trade marks make succession far smoother. A registered right can be assigned or licensed in a clean, documented transfer — helping preserve not just the name, but the goodwill behind it.
💡 IP Mojo Tip
Your brand won’t retire when you do. If you want it to survive a sale, investment, or handover, protect it like an asset — not a slogan. A clean title today can be worth millions tomorrow.