How do you cancel a trademark application?
The first step in canceling a trademark is to file a petition for cancellation. In your petition for cancellation, you will need to show you have standing to cancel the trademark. You will also need to pay the registration fee. It can be done either on paper or electronically.
What happens when a trademark is 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.
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.
How do you respond to a trademark opposition?
While there is no standard format for an Answer, it is generally best to answer each numbered paragraph of the complaint by providing a short statement either admitting or denying the alleged facts. If you cannot do so, then state that you have insufficient facts to either admit or deny the claims.
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.
Who can cancel a trademark?
Registrations can also be cancelled under §37 of the Trademark Act, 15 U.S.C. §1119, pursuant to the final order of the court in an action involving a registered mark. The party who has prevailed in the civil action must submit a certified copy of the court order or decree to the Office of the Solicitor of the USPTO.
Can a Cancelled trademark be revived?
If your own trademark has fallen into ‘dead’ or ‘abandoned’ status, you may be able to file a petition to revive it. … If filing the petition is not possible, you will need to register with the USPTO again.
Can a Cancelled trademark be used?
The answer is “YES!” if the trademark has been abandoned for non-use or never been used in commerce or before a particular relevant date. Under U.S. trademark laws, a petition for cancellation of a trademark registration may be filed at any time by any person who believes that he is or will be damaged.
Can a trademark be revoked?
Since trademarks are issued to preserve distinctiveness, anything diluting the meaning of a mark can be grounds for cancellation. Not only do such instances result in lost rights, but they may also require businesses to either undergo expensive rebranding campaigns or forgo a particular product or service entirely.
What does objected mean in trademark?
The term ‘objected’ implies that the particular trademark application has been examined and a report generated as well, laying down the objections against the registrability of the mark. Once a trademark application is filed, the first step in its journey to registration would be examination of the said trademark.