It often happens that after filing for liquidation in the EU or US, entrepreneurs have no possibility to manage TMs in Europe & America. In fact, liquidating legal entities doesn’t necessarily involve the transfer of rights & responsibilities in the EU or US. However, once settlement has been made, legal entities' property is usually transferred to founders of the companies who enjoy full corporate rights. It should be kept in mind that the transfer of exclusive rights in Europe or America requires registration with the PTO.
Companies’ founders can have a different status, including legal personalities, individuals or sole proprietors. If the latter is the case, the transfer of rights to marks to a legal entity in Europe or America is permissible; however, transferring them to individuals that aren’t registered as sole proprietors may involve certain problems.
Trademark Transfer Process
Obtaining TM rights in Europe or America or applying for sole proprietor license for 12 months is permissible. The same deadline for fulfilling formalities is applicable to persons getting a TM following a liquidation of a legal entity in Europe or America.
Refusal from TM in the EU or US
Abandoning a TM in Europe or America requires submitting a court decision or extract from a company register acknowledging a company’s liquidation. It is necessary to confirm the correctness of documentation provided for waiver of TM in Europe or America, ensure that they contain obligatory information & acknowledge issuance by a relevant authority in a country where the liquidation takes place.
Should you encounter any difficulties with registering IP rights in Europe, Asia, America or Africa or experience problems with transferring IP rights in Europe or America, IQ Decision UK is always at your service. Our experts can help you resolve these & many other issues related to liquidating legal entities.
