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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?

Written by Jan Buza

Co-founder of Trama

A trademark that has lapsed and was owned by a company that’s dissolved or no longer commercially active is highly unlikely to cause issues. A dissolved entity cannot file an opposition, and a lapsed trademark carries no active registration rights that could be cited against a new application.

But before filing, you should always confirm that the trademark is genuinely dead; that the grace period has closed, and the registration has not been reinstated. A dissolved company in some jurisdictions may have assets managed by a liquidator, who could theoretically act in connection with IP rights. If the lapse and dissolution are confirmed, the risk is negligible.

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