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This document contains the opinion regarding a trademark cancellation case where a petition was filed to cancel the trademark registration of 'LUCRÈCE' owned by Physicians Aesthetic Research, Inc.,

How to fill out cancellation of trademark registration

How to fill out Cancellation of Trademark Registration

1. Obtain the appropriate form for cancellation of trademark registration from the relevant trademark office.
2. Fill out the form with accurate information, including the trademark registration number and the grounds for cancellation.
3. Provide detailed reasons for the cancellation, including any evidence or supporting documentation.
4. Pay the required filing fee as specified by the trademark office.
5. Submit the completed form along with the evidence and payment to the trademark office.
6. Wait for confirmation of receipt and any further instructions from the trademark office.

Who needs Cancellation of Trademark Registration?

1. Individuals or businesses that believe a trademark is no longer in use or is invalid.
2. Competitors who wish to challenge the legality of a registered trademark.
3. Trademark holders looking to cancel their trademark registration voluntarily.

People Also Ask about

How do you cancel a registered trademark?

Simply, to file a Petition to Cancel with the TTAB, one must state the his/her interest in the case, the cause to action of the case (why the mark deserves to be canceled) and pay the required fee.

How do I withdraw a trademark registration?

File a Request: Submit a request for express abandonment directly to the USPTO. No Opposition: Ensure there are no oppositions filed against the trademark. Official Withdrawal: Receive confirmation on the abandonment of your application.

What are the grounds for cancellation of incontestable trademark?

If the trademark registration becomes incontestable, a third party may only petition for cancellation of the trademark registration based on the registered mark becoming generic, or is functional, or has been abandoned for non-use, or its registration was obtained fraudulently.

How do I cancel a trademark registration?

Petitions for cancellation of a trademark registration are governed by 15 U.S.C. Section 1064. There are several legal grounds that exist to cancel a trademark registration, including priority, abandonment (by non-use of at least three consecutive years together with an intent not to resume use), and fraud.

How do I unregister a trademark?

If the mark has already been placed on the Principal Register, the party may petition the USPTO for cancellation of the registration. (15 United States Code, Section 1064.) A cancellation petition may be filed: within five years from the date the mark is published in the Official Gazette.

What is intent to abandon trademark?

Intentional Abandonment – This occurs when the trademark owner deliberately discontinues use and with no intent to resume use in the future. For example, an express statement of intent to abandon, often filed with the USPTO, immediately triggers abandonment.

How do I abandon a registered trademark?

Abandonment can be established one of two ways. Nonuse. There are two elements to a nonuse abandonment claim: (1) the registrant discontinued its use of the mark, and (2) the registrant had an intent not to resume use.

For pdfFiller’s FAQs

What is Cancellation of Trademark Registration?

Cancellation of Trademark Registration is a legal process through which a party seeks to invalidate a registered trademark. This may occur if the trademark is deemed to be non-distinctive, has not been used in commerce, or was obtained fraudulently.

Who is required to file Cancellation of Trademark Registration?

Any interested party, such as a competitor or a party that believes they may be harmed by the trademark, can file for cancellation. This is often done by those who believe they have a legitimate claim against the trademark's validity.

How to fill out Cancellation of Trademark Registration?

To fill out a Cancellation of Trademark Registration, one must complete the appropriate forms provided by the trademark office, provide a basis for the cancellation, and submit any supporting evidence. It's important to follow the specific guidelines set by the relevant trademark office.

What is the purpose of Cancellation of Trademark Registration?

The purpose of Cancellation of Trademark Registration is to remove a trademark from the official registry when it is found to be invalid, no longer in use, or improperly registered. This helps protect the rights of other businesses and maintain the integrity of the trademark system.

What information must be reported on Cancellation of Trademark Registration?

Information that must be reported includes the trademark registration number, the name of the trademark owner, the grounds for cancellation, and any evidence supporting the claim. It's also necessary to provide the filer's information and signature.