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When a business closes down, its assets — including intellectual property like trademarks — don’t just disappear. If the company didn’t formally transfer or sell those assets before it was dissolved, they can become bona vacantia (Latin for “ownerless goods”). In the UK, such assets are managed by the Bona Vacantia Division (BVD) of the Government Legal Department.
For startups, acquiring a trademark via the BVD can be an opportunity to secure valuable brand assets.
Why Should Startups Care About This?
A startup often struggles to find a unique and available name or logo that:
- Has brand value
- Isn’t already in use
- Has an available trademark
If a dissolved company had a trademark you want — and it hasn’t been claimed — you may be able to purchase it legally from the UK government.
What Is the BVD?
The Bona Vacantia Division (BVD) handles assets that belonged to companies that are no longer trading and have been removed from the official register. If a company owned a UK-registered trade mark and didn’t transfer it before being struck off, that trade mark may now belong to the Crown — and that’s where you come in.
What Kind of Trademarks Can Be Bought?
You can potentially buy UK-registered trademarks still held in the name of a dissolved company. This could include:
- A brand name
- A logo
- A slogan
Startups sometimes come across old branding that suits their niche perfectly — maybe through expired websites, old packaging, or social media — and discover that the original business is now defunct.
What Startups Need to Check First
1. Is the Company Dissolved?
Use Companies House to check the company status. You’re only dealing with bona vacantia assets if the company is officially dissolved, not active or dormant.
2. Is the Trademark Still Active?
Go to the UK Intellectual Property Office and search the trademark register. The trademark should still be:
- Registered under the dissolved company’s name
- Not expired or marked as transferred
3. Is It Worth the Effort?
Ask:
- Is this trademark a good fit for your brand?
- Does it carry goodwill or recognisable value?
- Would you otherwise need to spend time and money building this from scratch?
The Application Process
Step 1: File application with the BVD
The first step is to apply to the BVD through the referral form.
The details included as part of this application are:
- Trademark number and description
- Company name and number (of the dissolved company)
- Brief explanation of why you want the trademark
The Trademarkroom can prepare this application for you, to ensure that the BVD have all the information it needs to make a decision.
Step 2: Wait for Response
They will tell you whether the Crown considers it a bona vacantia asset and if they’re open to selling it.
Step 3: Negotiation & Offer
If the BVD agrees, they might:
- Request a valuation
- Ask you to make an offer
- Propose a fee directly
Fees can vary depending on the perceived value of the trademark.
Step 4: Complete the Transfer
If terms are agreed, the BVD will issue a deed of assignment— giving you full legal rights to the trademark. This needs to be checked and executed by both parties.
Once executed, the Assignment then needs to be filed with the UKIPO, to ensure the online register is updated to reflect your ownership.
Risks and Caveats for Startups
- No Guarantee of Sale: The BVD is not obliged to sell — each case is reviewed on its merits.
- Legal Advice Recommended: Even for startups, getting a solicitor to review the assignment is a smart move to avoid surprises later.
For startups on a budget, buying a trademark through the Bona Vacantia Division could be a clever move. It’s a way to take advantage of existing intellectual property and save time on branding. However, like anything involving legal rights, due diligence is essential.
If you spot a dormant trademark that fits your vision, reach out to the Trademarkroom to discuss an application to the BVD — it might be a game-changer for your brand identity.
