La Vernia, TX asked in Business Law, Trademark, Copyright and Intellectual Property for Texas

Q: A nonprofit organization voluntarily dissolved, there was a trademark name held by the organization, can I acquire it?

The nonprofit voluntarily dissolved as of 4/30/2021 and will not be re-organizing. They held a trademark which according to the USPTO there's been no action on it since 2016 and doesn't reflect an "assignment." I have a similar nonprofit and would like to acquire that trademark (name), what's the best way to go about doing so? It is still listed as active in the USPTO search but the organization that "owns" it no longer exists and there will not be another organization like it formed. I'm wondering if I can file for that mark through the USPTO directly or what's the best way to go about it? TIA

1 Lawyer Answer
Evelyn Suero
Evelyn Suero
  • Trademarks Lawyer
  • Miami, FL

A: The USPTO will refuse to register a trademark when an identical or similar trademark is already registered. Typically, when a nonprofit is dissolved, it is required to transfer all of its assets and property to another nonprofit. It is possible that another organization may now own the mark. Contact the owner or attorney for the organization listed for the registration on the USPTO to determine if the mark is indeed no longer in use so that the registration my be cancelled. The organization may also agree to voluntarily cancel the registration. Working with a trademark attorney is recommended.

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