How does a trademark get Cancelled?
Trademark cancellation is the legal process of removing a registered trademark from the books. … Its purpose is to allow a party to petition for removal of a trademark from the federal register. This is done by filing a Petition to Cancel, which is usually argued before the TTAB, or Trademark Trial and Appeal Board.
Can you use a trademark that has been Cancelled?
If the trademark has been abandoned, then someone else can freely use the trademark. Therefore, if the above owner who federal registration was cancelled is still using the mark, the owner may be able to sue for infringement.
What happens if my trademark is Cancelled?
If a trademark is cancelled because an owner failed to submit scheduled maintenance documentation and accompanying fees for an existing mark, the owner may not later request that the mark is reinstated. The owner must file a new trademark application.
How long do you have to challenge a trademark?
You may challenge an application for trademark registration at the USPTO by filing an opposition with the TTAB within 30 days after it is published in the Official Gazette.
What is a dead trademark?
The USPTO defines a dead mark as: “a dead or abandoned status for a trademark application means that specific application is no longer under prosecution within the USPTO, and would not be used as a bar against your filing.” While you can register a dead mark, other potential issues may make it not worth the risk.
Why do people abandon trademarks?
Trademark registration applications can be abandoned for failing to respond to a USPTO Office Action, for an incomplete response, or for failure to file a statement of use. Once a trademark is registered, the registrant must maintain it by filing a declaration of continued use to keep the registration alive.
Why is a trademark dead?
A dead trademark is a mark that is no longer active on the USPTO register. This can happen because the owner did not respond to a trademark office action, did not renew their mark and pay USPTO maintenance fees or maybe filed a trademark intending on using the mark but never actually used the mark in commerce.
What did the Lanham Act establish?
§§ 1051 et seq., was enacted by Congress in 1946. The Act provides for a national system of trademark registration and protects the owner of a federally registered mark against the use of similar marks if such use is likely to result in consumer confusion, or if the dilution of a famous mark is likely to occur.
How do I reinstate a Cancelled trademark?
A registrant may file a request to reinstate a cancelled or expired registration if the registrant has proof that a USPTO error caused the registration to be cancelled or expired. 37 C.F.R. §2.64(b). The request must be filed using the TEAS Petition to Director form.
Who can file trademark cancellation?
Who Can File a Petition to Cancel? Any person who believes that he is or will be damaged, including as a result of a likelihood of dilution by blurring or dilution by tarnishment under section 1125 (c) of the Lanham Act, by the registration of a mark on the principal register, may file a petition to cancel.
Can you cancel a pending trademark application?
A pending application that has not yet registered cannot be canceled. Instead, third parties may file a trademark opposition when the USPTO publishes the mark for opposition. During the 30-day window, a third party may oppose a trademark application or request an extension of time to oppose.