Is it possible to exploit a trademark following the closure of the company that owned it?
When the company closes, various events affecting the life of a brand can occur (sale of the brand, legal liquidation of the company, etc.). They are usually registered in the national trademark register.
- If a transfer of ownership is registered, this means that the mark belongs to another person and that it cannot therefore be exploited without his agreement.
- If a judicial liquidation is registered without transfer of ownership, this means that the mark has fallen into the public domain since there is no longer any owner of the right. The brand is therefore available again.
- If no entry is made in the register, since entry is not compulsory, it is prudent to inquire with the former manager of the company in order to determine whether a transfer of ownership has taken place.
To determine if an event has been entered into the National Trademark Registry, you
- get this information for free by searching online on trademarks
- or order a statement of registrations to have an official document