Trademark Registration of Dissolved Trademark Holder
Is it possible to register a mark if the
trademark holder (corporation) is
administrative dissolved (in State of NC)
and is placed on suspension by Revenue
Service?
Re: Trademark Registration of Dissolved Trademark Holder
I can't answer for North Carolina law, but if the trademark owner were a suspended or dissolved California corporation, I'd say NO. A formally dissolved corporation continues to exist for the limited purpose of winding up its affairs by collecting what it's owed, liquidating its assets, paying all creditors and distributing the residue to its shareholders. A trademark is an asset subject to distribution.
As to a suspended corporation, the analysis would be different but I think the result is the same. A suspended corporation loses its power to sue or be sued, and to take any actions except changing its name, until the reason for the suspension (usually failure to file biennial reports of officers and directors, or to pay the franchise tax) is corrected and a revivor has been issued. However, merely being in "suspended" status does not strip the corporation of its assets. Trademark rights are transferrable and assignable, and unlike a corporate name, are not available for taking upon suspension or dissolution - as far as I know or can conclude upon reasoning from the legal nature of such things.
