Get the free Cancellation of State Trademark or Service Mark Registration - corporations utah

This document serves as a formal request to the Utah Division of Corporations and Commercial Code for the cancellation of a registered State Trademark or Service Mark.

How to fill out cancellation of state trademark

How to fill out Cancellation of State Trademark or Service Mark Registration

1. Obtain the Cancellation form from the state's trademark office website or office.
2. Fill in the required information such as the trademark or service mark registration number.
3. Provide your name and contact information as the petitioner.
4. State the grounds for cancellation clearly and concisely.
5. Attach any supporting documents that substantiate your claim.
6. Review the filled-out form for accuracy and completeness.
7. Submit the form along with any required fees to the appropriate state office, either online or via mail.

Who needs Cancellation of State Trademark or Service Mark Registration?

1. Individuals or businesses that wish to terminate an existing trademark or service mark registration.
2. Owners of trademarks that have become generic or no longer in use.
3. Competitors or other parties who believe a trademark registration is invalid.

People Also Ask about

What is the difference between a trademark and a service mark?

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.

What are trademarks and service marks and how they are different?

Simplified, the Lanham Act defines in Section 1127 of 15 U.S. Code that: A trademark is any word, name, symbol, device, or any combination thereof used by a person to identify and distinguish their goods from others. A service mark has the same function but identifies “the services” of a business.

What is the difference between a trademark and a service mark give an example?

For example, a restaurant called “Good Eats” would register “Good Eats” as a service mark since the restaurant provides food as a service. They may also want to register a trademark for their menu item names, such as the “Good Eats Burger”.

How do you cancel a trademark registration?

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.

Are service marks protected differently than trademarks?

A service mark offers the same type of protection as a trademark, except that rather than identifying the source of goods, a service mark identifies a business that provides a service or services rather than goods.

Is the service mark a registered trademark?

Like a trademark, a service mark does not need to be registered. Using the mark establishes common law rights. However, a federal registration may provide more benefits to the owner if litigation arises and damages are sought in court. Most states have rules for state registration of service marks too.

What are the grounds for cancellation of incontestable trademark?

A Trademark or Service Mark registration is active for five (5) years from the date the mark was filed with the California Secretary of State's office. Within six (6) months of expiration of the five (5) years, the mark may be renewed for another five (5) years.

For pdfFiller’s FAQs

What is Cancellation of State Trademark or Service Mark Registration?

Cancellation of State Trademark or Service Mark Registration is a legal process through which a registered trademark or service mark is officially removed from the state's registry, typically due to reasons such as non-use, abandonment, or legal disputes over ownership.

Who is required to file Cancellation of State Trademark or Service Mark Registration?

Any party who believes they have a valid reason for seeking the cancellation, which may include the original trademark owner, a competitor, or an interested party who is adversely affected by the registration.

How to fill out Cancellation of State Trademark or Service Mark Registration?

To fill out a Cancellation of State Trademark or Service Mark Registration, one must complete a specific cancellation form provided by the state's trademark office, including details such as the trademark registration number, name of the petitioner, and the grounds for cancellation.

What is the purpose of Cancellation of State Trademark or Service Mark Registration?

The purpose of cancellation is to rectify the trademark registry by removing marks that are no longer in use, have been abandoned, or are incorrect due to legal challenges, ensuring that the registry accurately reflects the current status of trademarks.

What information must be reported on Cancellation of State Trademark or Service Mark Registration?

The information that must be reported includes the registration number of the trademark, the name and address of the petitioner, the grounds for cancellation, and any relevant evidence supporting the request for cancellation.