Your Trademark Doesn't Know You're Dead. Will it Die with You? Intellectual Property Succession Planning cover art

Your Trademark Doesn't Know You're Dead. Will it Die with You? Intellectual Property Succession Planning

Your Trademark Doesn't Know You're Dead. Will it Die with You? Intellectual Property Succession Planning

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Summary

What happens to your trademarks, patents, and copyrights when you die, and why your heirs probably have no idea what they're actually inheriting?

In Part 1 of a two-part series on IP legacy, patent and business attorney Julie King breaks down the IP succession crisis: what makes intellectual property different from every other asset in your estate, the three ownership scenarios that determine what happens to your IP when you're gone, and six concrete steps to protect everything you've built.

Plus: the assignment document requirement most estate attorneys don't know about, and the Prince estate as a half-billion-dollar cautionary tale.

Part 2 (later this season) covers the digital estate: what happens to your social media accounts, domain names, and online presence when you're gone.

Next week: operating agreements — the document that can save your business and your closest relationships.

Covered in this episode:
- Why trademarks are "living assets" that can be cancelled and claimed by competitors if maintenance lapses
- The patent maintenance fee clock that doesn't stop for probate
- What happens to your copyrights and who controls your creative legacy
- Why trade secrets are the fastest to die in a succession crisis
- The three ownership scenarios: personally owned, business-owned, or licensed to your LLC
- The USPTO assignment document step that can leave heirs unable to enforce inherited IP rights
- Six action items to protect your IP legacy starting today

TIMESTAMPS (approximate — adjust after recording):
00:00 — The haunted house: what your heirs actually inherit
01:42 — About this series + next week's topic
02:59 — IP is property, but not like other property
04:42 — Trademarks: the hungry asset
07:06 — Patents: the ticking clock
09:23 — Copyrights: the long tail
10:56 — Trade secrets: the fastest killer
12:23 — Who actually owns your IP right now?
13:05 — Scenario 1: you own it personally (and the assignment document most estate attorneys miss)
15:43 — Scenario 2: your business owns it
18:09 — Scenario 3: you own it personally and license it to your LLC
20:19 — Real-world example: Prince and a half-billion-dollar estate with no plan
21:42 — You don't have to be Prince to need a plan - a realistic hypothetical
23:56 — Six action items to protect your IP legacy

🎙️ ABOUT THIS PODCAST: Spellbinding IP: Patent, Trademark, and Business Strategy. Helping entrepreneurs, creators, and small business owners understand and use IP law as a business tool, without the jargon.

📅 Ready to protect your brand and business? Book a consultation: https://kingpatentlaw.com/appointments/consultation/. I help creators and small business owners with IP matters nationwide and with contracts in Illinois and Georgia.

📰 Sign up for the Spellbinding IP newsletter at kingpatentlaw.com

@kingpatentlaw on social media (NOT X)

Avoid the legal horrors and keep rocking your IP. 💀🎸

DISCLAIMER: This information is for educational purposes only, is not legal advice, and does not form an attorney-client relationship. For advice about your specific situation, consult with a licensed attorney. This video contains attorney advertising material. Julie King | King Patent Law, PLLC | 301 N Neil St Ste 400, Champaign IL 61820. Phone number and email address available at kingpatentlaw.com.

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