Trademark cancellation proceedings outline the process for a trademark owner to file a request to cancel a registered trademark. Some trademark owners may wish to cancel their own trademarks to relieve personal ties or business obligations, although most commonly trademark owners will file a request to cancel the trademark of another party. It is important to note that a petition to cancel a trademark of another party must demonstrate that the mark is presently damaging to the trademark rights of themselves or other parties. Trademark cancellation proceedings may be on any number of legal bases, including: abandonment, priority, fraud or generality. In any case, trademark cancellation proceedings function similarly to a civil law suit and require a specific legal understanding of ownership rights and trademark laws.

Trademark Cancellation Proceedings

Trademark cancellation proceedings offer a legal mechanism for entrepreneurs or business owners to terminate an existing trademark that may be negatively affecting their legal rights, ownership authority or other personal liberties.
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Trademark Cancellation

Trademark cancellation should be considered whenever a client believes that an existing mark: hurts their own trademark rights, interferes with their business operation or the reputation of their brand, or incites unfair competition.
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The disputed trademark’s registration date is one of the most important variables for a trademark cancellation date. If this date is less than five years ago, then a client can claim trademark infringement on any grounds. However, after a five year period, only select grounds for infringement are available to the client.
The first option must clients will attempt in trademark cancellation is to file a Petition to Cancel, heard by the Trademark Trial and Appeal Board (TTAB).
Some extenuating circumstances may make involvement with the TTAB inadvisable, in which case a client may consider entering trademark litigation. These matters are usually more legally complex, but they do have have an important legal advantage in judicial oversight.
View our pricing options to get an estimate of the cost and fees concerning your particular circumstances. Contact us by filling out the form on the sidebar or by clicking the “get started now” button above.

Our trademark attorneys utilize the latest CORSEARCH technology to sift through and examine thousands of federal trademarks so that our clients can avoid the hurdles of similar or identical trademarks. Once a proper search has comprehensively analyzed existing trademarks, our law firm provides a memorandum of our results so that our clients can then begin discussing and pursuing the registration process.



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