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I have a brand "ABC" and a company ABC Ltd. However I want to close ABC Ltd, open a new company XYZ Ltd, and have XYZ Ltd own the brand "ABC."

  1. Is this legally possible?

  2. What if ABC Ltd. has an existing shareholder that won't be in the new company?

  3. If everything related to the "brand" like logo, branding, domain name, etc. for this brand, is all in my personal name, does the company even have any rights to that?

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Everything you describe as your "brand" is property: copyright in a logo and trademark in the name are known as "intellectual property." A domain name is also property.

If you are the legitimate owner of property, then you can generally transfer (or license) rights to that property to another entity – a real person, or a corporation.

However, if another entity over which you do not have sole control or ownership (e.g., ABC Ltd. as you described it) is the owner of the property, then that owner has to agree to the transfer of its property. (The means by which a corporate owner can agree to a transfer of rights or property depends on its governing rules.)

The fact that you have registered property in your name will enable you to transfer the property. But if ABC Ltd. has a legitimate claim to the property (e.g., perhaps because you agreed that it was property of the company and neglected to properly register it as such), then it is possible (again, depending on the entity's governing rules and laws) for the entity to sue you for recovery of the property. Even though you are a member of the entity.

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  • Okay thanks, as i thought. I am the only director of the ltd company. so no issue there. I just wanted to shut it down. But still be able to use the word if that makes sense. Will mark as answer because seems right enough.
    – davethecoder
    Apr 25, 2018 at 17:25

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