Hey guys,<p>Let's say I have a company that has a portfolio of web apps like 37signals, do I need to incorporate every single app that I develop? Can I just register them as trademarks that belong to my company?<p>In other words, is it preferable to incorporate each web app as a distinct company/subsidiary, owned by my "main company" or is it better to just register them individually as trademarks that belong to my company?<p>What are the advantages/disadvantages?<p>thank you.
From the 37signals.com footer:<p><i>The names and logos for Basecamp, Highrise, Backpack, and 37signals are registered trademarks of 37signals, LLC.
The names and logos for Campfire, Ta-da List, Sortfolio, and Writeboard are trademarks of 37signals, LLC.</i>
Not speaking here as a legal expert or anything of that nature, but I can't think of a reason why you would make a different company for each app; there would be no need. Disadvantages there include lots of fees, paperwork, and headache.
If you are a company that makes apps, you should trademark those apps under your company's name. That's the most obvious and elegant way to do things.<p>If you're looking to separate a specific app from your company, whether to branch it out as a second company, to separate assets or to sell it off entirely, I would incorporate the app and trademark under that entity.<p>The advantage of the first is its simplicity. A disadvantage would be, like chc said, if you're sued, all of your eggs are in one basket of liability.<p>The advantage of the second would be legally separated liability. The disadvantage is paperwork and fees.