[E-trademarks] TRADEMARK APPLICATION APPLICANT ISSUE

Pamela Chestek pamela at chesteklegal.com
Fri Jun 28 14:08:12 EDT 2024


On 6/28/2024 10:15 AM, Robert S. Smith via E-trademarks wrote:
> 1. If a trademark registration application identifies an LLC  that was 
> administratively dissolved about 9 months before, what are the legal 
> ramifications?
Typically, state law says that an entity that has been administratively 
dissolved cannot conduct business and all they can do is wind up their 
affairs. So I would argue that the application was not lawfully filed. 
But before you get too excited, if the entity was administratively 
dissolved for failure to file annual reports or something like that, it 
can probably get reinstated retroactively and cure the problem.
>
> 2. If that same application was filed by an attorney who represented 
> the address of that administratively dissolved LLC as the mailing 
> address of the attorney, What are the legal and ethical ramifications?

Which address, the mailing address or the so-called "domicile" address? 
What leads you to believe it's not accurate?

Pam

Pamela S. Chestek
Chestek Legal
300 Fayetteville St.
Unit 2492
Raleigh, NC 27602
+1 919-800-8033
pamela at chesteklegal
www.chesteklegal.com




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