Trademarks, copyrights, patents, and trade secrets – all examples of intellectual property, an intangible personal property for purposes of estate planning.
Trademarks: Branding can be an important part of the success of a business or product and the same can create good will associated with the brand that can be vital to the marketability of a product or service offered by the company. Business succession planning will normally encompass the passing of any branding and trademarks associated with the business. Properly passing your interests in a trademark is important to business continuity moving forward.
Copyrights: Copyrights created after 1978 are valid for the life of the author plus 70 years – which means that a copyright could outlive both the author and his direct heirs. Works for hire – those made specifically for a company – are valid for 95 years after the first publication date to 120 years after the work is created. But, passing on the work itself is not the same as passing the copyright. The will, trust, or other planning document will have to specifically pass the copyright to the work. It is entirely posible for someone to pass the work to one heir and the copyright to another, so the instrument must be clear what interest is being passed. This can be very important because the owner of the copyright controls the right to create related works (books, movies, TV shows, etc.) based on the original work.
Patents: Design patents are valid for 14 years from the issue date, while utility patents are valid for 20 years from the filing date. Patents can be owned by individuals or companies. In the case of the latter, it’s the stock certificates or membership interests in the company that needs to be transfer to control the patent as well as receive the income generated from the patent.
Passing on intellectual property rights can be very valuable to your heirs, especially those inheriting a business or business interest. Make sure it’s done properly to protect your family’s future success.
Author Bio

Paul Yokabitus
Founder & Estate Planning Lawyer
Paul Yokabitus is the founder of Cary Estate Planning, where he helps North Carolina families protect what matters most through wills, trusts, probate, and special needs planning. Known for his “planning, not paperwork” approach, Paul turns complex legal concepts into clear, practical strategies so clients feel informed and confident at every step. He has been recognized as a Business North Carolina Legal Elite attorney and a Super Lawyers Rising Star, and was named to the Triangle Business Journal’s 40 Under 40. A graduate of Campbell University School of Law, Paul lives in the Triangle with his wife, Alix, and their two sons.
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Paul and his team at Cary Estate Planning are fully committed to creating a personalized experience to develop thorough and comprehensive estate plans. They value their clients and go above and beyond to make sure that no details are missed. I would highly recommend Paul to anyone looking to create an estate plan.
I was referred to Paul by my Real Estate Attorney and I could not say enough about how exceptional the client service has been from everyone I spoke to. The communication is prompt and I feel like they really took the time to answer all my questions and set things up exactly as I wanted, but also recommended things to make it easier on my family down the line.
After attending one of Paul’s estate planning seminars, my husband and I knew we wanted Paul to assist us with our estate planning. His honest, professional approach to this necessary part of life put us at ease with the process. We will continue to recommend Paul and Cary Estate Planning.
We had a great experience working with Paul Yokabitus and the team at Cary Estate Planning to set up our Will and Estate Plan. The process was clear and easy, and in the age of COVID, our signing session was very well done, easy, and safe.
The Cary Estate Planning team will make sure that you have the information you need to be confident in your estate planning decisions. I learned so much from videos, a one-on-one in-person consultation, the website, emails, and a newsletter mailed the old fashioned way. The fee is very reasonable given the importance of estate planning. No matter the size or number of your assets, don’t procrastinate like I did!
Paul is a masterful attorney. He’s very good at taking your intentions and defining that into a durable Trust and Will. Best of all he is as simple and plain-spoken as you like. Or as fast as intellectual as you may be. It’s all about your your speed and your desired outcomes. Would strongly recommend this firm.
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