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No. Corporations that become suspended by the Secretary of State lose the right to conduct legal business, to file and defend against lawsuits, to enter into contracts, to collect assessments, enforce rules, enforce vendor contracts, etc. TIt can also lose its corporate name if someone reserves it during the suspension period.
If your corporate status has been suspended for tax reasons, it can be revived by filing appropriate tax returns and paying delinquent tax balances, including penalties, fees, and interest. If the suspension is for failure to file statements of information with the Secretary of State, immediately filing the forms and paying any fees and penalties will revive the corporation. The corporation will receive a "Notice of Revivor" from the state. Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. 2 people marked this answer as good
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Reputation Level 8
Answered over 2 years ago.
Corporate / Incorporation Lawyer in Los Angeles, CA.
I concur with the previous answer. To elaborate on the trademark renewal portion of your question, if you do not plan to revive your corporation then you need to address the ownership issue of the trademark before the corporation ceases to exist completely. This is a more complex matter then a 4000 character response allows and requires more information about the corporation. If you value your trademark then you need to seek legal advice or you may loose your rights.
Reputation Level 18
Answered over 2 years ago.
Intellectual Property Law Attorney in Sacramento, CA.
I disagree with my colleagues.
Corporations may be suspended by the Secretary of State for any number of reasons. What rights the corporation retains depends on the reason it was suspended. In any event, acts taken by a corporation while suspended are not void ab initio. They occurred and are cognizable. You really have two questions: (1) can a California state trademark registration be canceled if it was renewed when the corporation was suspended? and (2) does the corporation lose its trademark rights in its marks during its suspension? As to the first, I don't know. I think it depends on why the corporation was suspended. It may be that once the suspension is lifted the application is given ex post facto recognition (i.e., recognized as if it was filed when the corporation was not suspended). But maybe not. As to the second, trademark rights are created and are maintained by the use of the mark in commerce -- not by any type of registration. Suspended corporations can create and maintain their trademark rights by using their marks. Those rights do not vanish simply because the Secretary of State suspends a corporation. 1 person marked this answer as good
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