TRADEMARK LEARNING CENTER - by TRADEMARKS ON CALL®

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CANCELLED TRADEMARKS

As an owner of a trademark registration, you are responsible for renewing and maintaining your registration. If not careful, a trademark owner may discover that their trademark registration has been cancelled by the U.S. Patent and Trademark Office (USPTO).

Often trademark registrations are cancelled simply because the trademark owner forgot to renew his or her registration with the USPTO. However, a trademark registration may also be cancelled when a 3rd party petitions the USPTO to cancel the registration. If your trademark registration has been cancelled or cancellation is pending, you may want to consult with a registered trademark attorney.

REASONS TRADEMARKS ARE CANCELLED

Failure to Renew: A trademark registration must be renewed 5 years after registration as well as every 10 years after registration. If an owner fails to file a trademark renewal, the USPTO will cancel the trademark registration. Unfortunately, such a cancelled trademark registration cannot be revived or reinstated. Rather, you must file a new trademark application in order to again register your trademark - you may want to file this application as soon as possible lest some other party file an application for an identical or similar trademark.

Petition to Cancel: Even though your trademark is registered with the USPTO, a 3rd party that believes you are not entitled to registration may file a Petition to Cancel your registration. Once a Petition to Cancel is filed, it begins a complex proceeding similar to a court case - with extensive filings, discovery, interrogatories, and depositions - where eventually the Trademark Trial and Appeal Board will rule on the case. However, often such trademark challenges can be resolved between the parties without extensive proceedings. Nevertheless, if you receive a Petition to Cancel, you have a short time period in which you must file an Answer, or your trademark registration will be cancelled. If you receive a Petition to Cancel, you may want to consult with a licensed trademark attorney.

USPTO Error: Sometimes the USPTO does make mistakes. If your trademark registration has been cancelled due to an error by the USPTO, you may request that the USPTO reinstate your registration. Given the complexity in proving an error by the USPTO, you may want to consult with a licensed trademark attorney.

Disclaimer: Trademarks On Call is not a law firm or a substitute for an attorney or a law firm. Trademarks On Call does not provide legal advice. The information provided on this website is for informational purposes only and does not constitute legal advice.