[E-trademarks] Opposer corporation not in good standing

[Simor Moskowitz]

Ken,

I am not a corporate lawyer, and note that the answer may vary from state to state, but I understand "not in good standing" to mean that the corporation has not filed its annual report or satisfied some other administrative requirement, but is otherwise capable of still conducting business; as opposed to a corporation that has been "dissolved".

Simple practical answer — if the client is "not in good standing" because it has not filed its annual report(s) or something similar, then simply file the report(s) and dodge/moot the issue.

I had a similar situation once with a client in DC. If I remember correctly, the client corporation actually had been dissolved for failure to pay franchise taxes for multiple years, and needed to renew its trademark registration. We walked into the DC corporations office, paid the taxes and "resurrected" the company to active status, and then filed the renewal application.

Good luck.

Simor
.........................................................

Simor L. Moskowitz

Westerman, Hattori, LLP

8500 Leesburg Pike, Suite 7500

Tysons, VA 22182

(240) 731-0609 (cell)

703) 827-3803 (DD)
(703) 827-3800 (main)
(571) 395-8753 (fax)
smoskowitz at whda.com<mailto:smoskowitz at whda.com>

(Member DC and MD Bars)




________________________________
From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com> on behalf of Ken Liu via E-trademarks <e-trademarks at oppedahl-lists.com>
Sent: Thursday, June 26, 2025 11:27 AM
To: e-trademarks at oppedahl-lists.com <e-trademarks at oppedahl-lists.com>
Cc: Ken Liu <kel at gg-law.com>
Subject: [E-trademarks] Opposer corporation not in good standing

Can a corporation not in good standing with its state of incorporation file an opposition in the TTAB? If such a party does file an opposition, can the defendant applicant move to dismiss the proceeding on this ground?

I'm not finding any provisions on this issue in the TBMP.


Best regards,

Ken



Kenneth Liu

IP/Nonprofit Law

Of Counsel

Gammon & Grange, P.C.

1945 Old Gallows Road, Suite 650

Tysons, VA 22182
703-761-5008





-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://oppedahl-lists.com/pipermail/e-trademarks_oppedahl-lists.com/attachments/20250626/324e7610/attachment.html>