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Intellectual Property and Trademark Due Diligence

Acquiring, selling or investing in a company requires clarity about the assets acquired and risks assumed. Trademarks, software, domains and trade secrets may hold much of a business's value and must be shown to belong to the relevant owner.

What to keep in mind

Verify registrations, creator assignments, licenses, renewal status, confidentiality arrangements, litigation and third-party claims.

A key intangible asset held personally by a founder may fall outside an acquisition of the company.

Distinctions often confused

Use of a brand or software product does not necessarily prove ownership of the underlying rights.

Frequently asked questions

Should source code ownership be checked?
Yes, alongside employee and contractor assignments and licenses.
Can IP defects affect the transaction price?
Yes, through warranties, remediation, holdbacks or valuation changes.

Informational content. It is not a substitute for professional advice.