Can a trademark be canceled?
A petition for cancellation of a trademark registration may be filed at any time. However, a mark which has been registered for more than five years may only be cancelled on the grounds enumerated in Trademark Act § 14.
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.
What is a trademark cancellation?
A trademark cancellation is a mini-lawsuit filed with the TTAB to attack a trademark registration. Cancellations deal with only registered trademarks, and not pending applications. A third party may seek to cancel a registration in whole or in part. Here are helpful tips to defend against a trademark cancellation.
What happens when a trademark lapses?
Also known as dead trademarks, abandoned marks can cause you to forfeit your exclusive rights. They generally happen in one of four ways. Federal law and the Lanham Act say that trademark owners must use their marks when they register. They can’t just reserve marks for later use or to keep others from using them.
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.
How do you challenge a trademark?
In order to file an opposition, you must file a notice of opposition with the USPTO. In this notice, you must plead the grounds of your opposition and explain why the application should not register. Once your notice of opposition is filed, the applicant has thirty days to respond with an answer.
What happens if I don’t renew my trademark?
Registering your trademark ensures you maintain exclusive rights to the mark. If you don’t renew on time, you lose your rights. Your competitor would be within their full legal right to come in and claim ownership.
Can I re register a trademark?
You can re register trademark if it has been canceled or marked dead in the USPTO database. Failure to file a renewal application before the expiry of the grace period of six months from the due date results in automatic cancellation of your trademark.
Do unregistered trademarks expire?
Unlike patents and copyrights, which have fixed terms and eventually expire, a U.S. trademark registration can remain effective in perpetuity so long as you continue to use your trademark in interstate commerce in connection with at least some of the goods and services associated with the mark in the registration.
How do I remove a trademark?
There is no way to “delete” a trademark. This is because trademark rights are not derived from registration—they arise from use (or intent to use” in commerce…
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.