Legal Question in Intellectual Property in California
''Continued business use''
(a) In a trademark sense, can a corporation still be considered as
having ''continued business use'' of
its registration rights or trade name,
if it was INACTIVE for a period of time
but its legal status was always intact
since it never dissolved?
2 Answers from Attorneys
Re: ''Continued business use''
A company could continue using the mark in the marketplace even if the corporation is officially in active.
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Re: ''Continued business use''
I think the question of "continued business use" has more to do with use of the mark in commerce than with existence of the owning entity. Dissolution of the owner could be a factor in determining whether a mark was continuously used or not, but it is probably insufficient alone.
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