Trademark similar to mine has been lapsed for several years and the company that owned it was dissolved. Can there still be an objection to my application?

Photo of Jan Buza

Written by Jan Buza

Co-founder of Trama

A trademark owned by a now-dissolved company should not pose a threat to your application. Considering the trademark has been lapsed for several years, it is more than likely it will have an "abandoned" status. This means that the owner failed to keep their application alive and did not provide all the necessary documentation.

Since the company that owned the trademark is not operational anymore, the previous owners won't file an opposition against your application. The trademark is no longer used in commerce and, therefore, is not active.

If there are other similar trademarks registered in the market of your choice, it is possible you might receive an opposition or an Office action. However, the lapsed trademark should not be taken into consideration.

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