# How Can a Minor Register a Trademark or Copyright?

- Link: https://www.lumlawgroup.com/how-can-a-minor-register-a-trademark-or-copyright/
- Published: 2019-01-18T10:10:18-08:00
- Author: Albert J Lum

## How Can a Minor Register a Trademark or Copyright?

![How can a minor get a trademark or copyright?](https://www.lumlawgroup.com/wp-
content/uploads/2019/01/minorip.png)

Someone [recently asked](https://www.quora.com/How-can-I-get-a-trademark-as-a-minor)
whether a minor, a person under eighteen years of age, can register a trademark 
or copyright.  Many answered that there are no federal age restrictions, but there
might be restrictions in your state.  Some answered that the minor should incorporate
and went on to explain how to go about becoming a shareholder in their state.  All
of this is good advice, but we thought we would explain the _why_ in addition to
the _how_.

### C**an a minor register a trademark or copyright?**

The answer is _yes_, a minor can own a trademark or copyright. There is [no age restriction for registering a trademark](https://www.copyright.gov/help/faq/faq-who.html#minor)
or copyright.

However, a minor may not be able to enforce a trademark or copyright.  In federal
court,[ a minor needs a guardian to sue for infringement](https://www.law.cornell.edu/rules/frcp/rule_17).
In most state courts, a minor would also need a guardian to be in charge of the 
business proceedings involving a trademark or copyright owned by a minor.

### W**hen does a minor benefit from incorporating and becoming a shareholder?**

Depending on the state, incorporation comes with certain costs.  In California, 
the tax liability alone is a minimum of $800 annually. As such, we would not recommend
just any minor with a copyright or trademark to incorporate.

Having said that, there are instances when incorporating would be beneficial to 
a minor with intellectual property.  Such instances would include minors who are
in business and therefore have business income, earnings, and sales.  If a minor
needs to sign contracts in relation to their intellectual property, then it may 
be beneficial to incorporate so as to protect the minor’s interests.

### How does a minor form a corporation in the state of California?

In California, a minor cannot be a Director or officer for a corporation, but a 
minor of any age can own stocks.  This means a minor can be a majority stock holder
in a corporation.

While the age restriction does mean the minor would need another trusted adult to
act as an officer for the corporation, it also means that the minor can sue any 
of the officers as a shareholder.  This is an important protection for the minor
in the event an officer or guardian acting as an officer, misuses the corporate 
funds or intellectual property.

Do you have more questions regarding minors and intellectual property? [Contact an attorney](https://lumlawgroup.com/Staging/contact-us/)
today!

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