Trademark when Company ceases to exist

deliajen · 13-03-2012, 02:48:32 PM

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

ScottJ · 13-03-2012, 02:55:24 PM

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.

MASSEY · 13-03-2012, 03:14:27 PM

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.

deliajen · 13-03-2012, 03:14:39 PM

Thank you for the swift reply Scott...

anthony · 13-03-2012, 03:46:56 PM

Quote:

Originally Posted by ScottJ

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.

13-03-2012, 02:48:32 PM	#1 (permalink)
deliajen Join Date: Jul 2007 Location: loughborough,leicestershire Posts: 2,047 No Classified Ratings Domain Trader Rating: (94% / 16)	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 __________________ PizzaVouchers

13-03-2012, 02:55:24 PM	#2 (permalink)
ScottJ Join Date: Nov 2005 Location: Aberdeenshire, Scotland Posts: 1,396 No Classified Ratings Domain Trader Rating: (100% / 19)	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. __________________ Sites: SJ : Fossils : Genes Blog: : Self Made Minds : Twitter

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13-03-2012, 03:14:27 PM	#3 (permalink)
MASSEY Member Join Date: Jul 2010 Location: Birmingham Posts: 92 No Classified Ratings Domain Trader Rating: (0% / 0)	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.

13-03-2012, 03:14:39 PM	#4 (permalink)
deliajen Join Date: Jul 2007 Location: loughborough,leicestershire Posts: 2,047 No Classified Ratings Domain Trader Rating: (94% / 16)	Thank you for the swift reply Scott...