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.
How do I file a trademark petition to cancel?
The petition to cancel must be filed through the Electronic System for Trademark Trials and Appeals (ESTTA) at https://estta.uspto.gov/. 37 C.F.R. §2.111(c)(1). If ESTTA is unavailable due to technical problems, or when extraordinary circumstances are present, a petition to cancel may be filed in paper form.
How do you fight a pending trademark?
You may challenge a trademark registration issued by the USPTO by filing a petition to cancel the registration with the Trademark Trial & Appeal Board (TTAB).
What is trademark cancellation proceeding?
A trademark cancellation proceeding is exactly what it sounds like. It’s a legal case, similar to a civil lawsuit (although it is by contrast processed in the Trademark Trial and Appeal Board (TTAB)), in which a complainant is provided with the opportunity to attack and ultimately cancel a defendant’s trademark rights.
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.
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.
Can you revive a Cancelled trademark registration?
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. … The request must be filed using the TEAS Petition to Director form. There is no fee for a request for reinstatement.
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.
Can you use trademark pending?
A trademark pending status is an interim solution for protecting your intellectual property. You can use the trademark or service mark symbols with your design, but you need to make sure you file the trademark application as soon as possible.
Can I sue someone for using my trademark?
A trademark owner who believes its mark is being infringed may file a civil action (i.e., lawsuit) in either state court or federal court for trademark infringement, depending on the circumstances. However, in most cases, trademark owners choose to sue for infringement in federal court.
How long do you have to challenge a trademark?
The trademark opposition period is a period of thirty days when anyone with a real interest in the proceeding can oppose the trademark application and attempt to stop the trademark from being registered.