Get the free Trademark Cancellation Decision - uspto

This document is a decision by the Trademark Trial and Appeal Board regarding the cancellation of trademark registrations due to similarity in trademark phrases related to real estate brokerage services.

How to fill out trademark cancellation decision

How to fill out Trademark Cancellation Decision

1. Gather necessary information about the trademark, including its registration number and the grounds for cancellation.
2. Complete the cancellation petition form, ensuring all required fields are filled out accurately.
3. Provide a detailed explanation of the reasons for seeking cancellation, supported by evidence if applicable.
4. Submit the completed petition along with any required filing fees to the relevant trademark office.
5. Await confirmation of receipt and any further instructions from the trademark office regarding the process.

Who needs Trademark Cancellation Decision?

1. Individuals or businesses that believe a registered trademark is invalid or should not remain in effect.
2. Competitors who are adversely affected by a trademark that they believe is improperly registered.
3. Trademark owners who wish to challenge the validity of another party's trademark.

People Also Ask about

What is the process of trademark cancellation?

Application for cancellation: if a third party wishes to apply for the cancellation of a trademark, they must file a formal application with the corresponding intellectual property office. In this application, the third party must state the reasons why they consider that the trademark should be cancelled.

How do you petition to revive a Cancelled trademark?

To revive a cancelled trademark, file a Petition to Revive with the USPTO within 2 months of cancellation. Show reasons for the delay, pay the fee, and provide evidence of continued intent to use the mark.

What are the defenses to trademark cancellation?

Some affirmative defenses include: (1) unclean hands; (2) laches; (3) estoppel; (4) acquiescence; (4) fraud; (5) mistake; (6) prior judgment; (7) third parties have used similar marks for similar goods, thus the mark is weak and entitled to a narrow scope of protection; or (8) any other matter that constitutes an

What is the basis for trademark cancellation?

Trademark Cancellation Proceedings in the US and Canada allow you to request the trademark office inquire whether that trademark owner is still using the trademark. If they cannot prove continued use, the trademark office will remove that mark from the register in a process known as “clearing the dead wood.”

What happens when a trademark is Cancelled?

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. There are additional grounds as well, such as priority of use and genericness.

How long does a trademark cancellation proceeding take?

The TTAB will issue a trial schedule with deadlines spanning 12 to 18 months. Most trademark cancellation hearings take a total of 30 to 36 months from start to finish.

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.

For pdfFiller’s FAQs

What is Trademark Cancellation Decision?

A Trademark Cancellation Decision is a legal ruling that can cancel or invalidate a registered trademark based on various grounds, such as non-use or failure to comply with trademark laws.

Who is required to file Trademark Cancellation Decision?

Any party who believes that a registered trademark should be canceled can file a Trademark Cancellation Decision, including competitors or individuals who have been harmed by the trademark.

How to fill out Trademark Cancellation Decision?

To fill out a Trademark Cancellation Decision, one must provide details such as the trademark registration number, grounds for cancellation, and supporting evidence to substantiate the claims.

What is the purpose of Trademark Cancellation Decision?

The purpose of a Trademark Cancellation Decision is to maintain the integrity of the trademark registry by removing trademarks that should not have been registered or that no longer meet legal requirements.

What information must be reported on Trademark Cancellation Decision?

The information that must be reported includes the identifying information of the trademark, the basis for cancellation, any relevant facts, and the relationship of the petitioner to the trademark.