Can a registered trademark be removed?
Once a trademark is registered it secures protection for 10 years from the day it has been granted. … It is to note that any aggrieved person can file an application for a removal/cancellation of a mark by the Trademark Registry by writing to the Registry with his concerns.
Can a trademark be challenged after registration?
Less commonly, a trademark registration may be challenged after it has already been established. The Lanham Act enables parties to challenge a registration under certain circumstances. Any party that believes it may be damaged by the mark is empowered to challenge it.
Who can cancel a trademark registration?
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.
Why would a trademark be Cancelled?
Cancellation after Five Years
It defines a functional use. The mark has been legally abandoned by its owner. It was registered in a fraudulent manner. The trademark is immoral, deceptive or scandalous in some way.
How do I remove a registered trademark?
Any aggrieved person can file a petition in a prescribed manner seeking rectification or cancellation of the mark before the Trademark Registry Office or Intellectual Property Appellate Board (IPAB).
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.
Can you sue for trademark infringement without registration?
Under federal law, you are not required to register your trademark to obtain formal legal protection—meaning you can still sue for infringement even without registration. … Indeed, federal law allows for a trademark infringement claim even without registration (15 U.S.C. § 1125(a)).
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.