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Old 13-03-2012, 03:48:32 PM     #1 (permalink)

 
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Trademark when Company ceases to exist

Is a Tradeamark still active when a Company enters either Adimistration/Liquidation and can they act on a infringement once they are dissolved...also can you sell a Trademark ?

Thank you in advance...

Mark
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Old 13-03-2012, 03:55:24 PM     #2 (permalink)

 
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Once the company is dissolved the trademark goes to the crown 'bona vacantia' - you can usually buy the trademark for circa 1k, TSOL will check with the administrators though to make sure there is no chance of the company being resurrected if the company is only recently dissolved, the trademark is always in existence therefore unless it lapses due to not being renewed.

They can be bought from the company/liquidators etc, I think the fee is something like 50 to update the IPO.
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Old 13-03-2012, 04:14:27 PM     #3 (permalink)
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I am not a trademark specialist, but when a company goes into administration their assets are dealt with accordingly by the official receiver.

The trademark can be sold on.

This gives good detail http://ipfinance.blogspot.com/2009/0...quidation.html

If you are still struggling you better pay for some advice from an attorney because trademarks are not cut and dry.
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Old 13-03-2012, 04:14:39 PM     #4 (permalink)

 
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Thank you for the swift reply Scott...
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Old 13-03-2012, 04:46:56 PM     #5 (permalink)

 
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Quote:
Originally Posted by ScottJ View Post
Once the company is dissolved the trademark goes to the crown 'bona vacantia' - you can usually buy the trademark for circa 1k, TSOL will check with the administrators though to make sure there is no chance of the company being resurrected if the company is only recently dissolved, the trademark is always in existence therefore unless it lapses due to not being renewed.

They can be bought from the company/liquidators etc, I think the fee is something like 50 to update the IPO.
The voice of experience there Scott, good advice.
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