Trademark Cancellations

A company may file a cancellation, also known as a petition to cancel, of a trademark with the USPTO if it feels the registrant is not entitled to the registration. A process akin to a court case begins with the filing of a petition to cancel, during which time the opposing parties present their cases through protracted filings, discovery, interrogatories, and depositions. The Trademark Trial and Appeal Board renders a decision in the matter following the presentation of evidence by both parties.

A trademark applicant may require a cancellation in order to register their trademark. A trademark application may occasionally be denied by the USPTO due to an already-existing trademark registration. If so, the applicant may investigate if there are any grounds for cancelling the registration that the USPTO is citing.

However, if you receive a Petition to Cancel against a trademark that you own, get in touch with an attorney to go over your options, discuss the case, and begin creating a customised strategy for the future.

Like in any legal proceeding, a settlement can frequently be negotiated between the parties. The lawyers at Titan Legal Firm have a great deal of expertise securing favorable settlements for their clients. In the event that a settlement cannot be reached, Titan Legal Firm employs state-of-the-art technology and years of expertise to lower costs for our clients without sacrificing superior legal representation. We provide free consultations and have participated in hundreds of Trademark Trial and Appeal Board proceedings.

Tips For Trademark Cancellations:

  • Once a Cancellation is filed, the Defendant (the Registrant) has 40 days to respond. If there is no response, the case will automatically be ruled in favor of the Plaintiff (Complainant) and the registration will be cancelled.
  • The Trademark Trial and Appeal Board is the administrative board that rules on appeals from the United States Patent and Trademark Office.
  • Certain claims cannot be brought after a certain amount of time, under certain circumstances. Contact us for an individualized case strategy.

Do you need assistance with a trademark cancellation

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