Trademark Cancellation

Collen - The U.S. Trademark Cancellation Law Firm

U.S. Trademark cancellation proceedings have seen a dramatic increase in the last couple of years.  This is due in large part to USPTO rules that have resulted in more trademark cancellation proceedings being brought on the grounds of abandonment.

According to 15 U.S.C. Section 1127, trademark abandonment occurs when a trademark's use has been discontinued with an intent not to resume use.  Non-use of three consecutive years shall be prima facie evidence of abandonment.  An intent not to resume use may be found by taking account all objective evidence.  As such, a registrant cannot avoid a finding of trademark abandonment by simply alleging that it had intended to resume use.

In the United States, a trademark registration can be either cancelled in whole, or in part, based on abandonment.  If a trademark cancellation proceeding has been filed against your company's trademark registration on grounds of abandonment, you have several options to avoid an adverse judgment.   Collen represents both domestic and international companies in trademark abandonment proceedings before the U.S. Trademark Trial and Appeal Board.

To discuss your case, please contact James Hastings of Collen for a complimentary consultation.

Trademark opposition filings increased in 2016, according to a recent report released by the United States Patent and Trademark Office.  A summary of comparative 2015 findings can be found in our publication here.

Highlights of the report include the following performance statistics for 2016 U.S. Trademark Trial and Appeal Board activities:

  • Trademark 0pposition filings

Redskin    n.  slang  (often disparaging and offensive).   a north American Indian.   Random House Dictionary of the English Language 1618 (2d Ed. 1987).

In a monumental decision, the U.S. Patent and Trademark Office has cancelled several trademark registrations of the Washington Redskins national football league team, on the grounds that the term “redskins” is disparaging

The Trademark Trial and Appeal Board recently published a summary of Trademark Opposition and Cancellation filing and performance results for the fiscal year 2013.

As predicted, the number of trademark litigation proceedings before the board increased as compared to the preceding year. While it could be theorized that the increase was due to more trademark

As any trademark opposition attorney knows, you do not always get to choose your opponents. Some opposing counsel are cooperative, professional, and seek common ground between the trademark opposer and trademark applicant.  This approach often results in a favorable result for both parties.  There are times, however, when an opposing trademark lawyer takes a “win

It’s quite often been said that “ignorance of the law” is no excuse.  This is particularly true in the case of U.S. trademark opposition attorneys and trademark cancellation lawyers who practice before the U.S. Trademark Trial and Appeal Board.

Under U.S. law and federal regulations, all U.S. trademark opposition and petition to cancel proceedings are

As has been discussed in prior postings, the Trademark Trial and Appeal Board’s rules for U.S. Trademark Opposition and U.S. Trademark Cancellation proceedings are contained in the Trademark Board Manual of Procedure (“TBMP”) an over 1,000 page “how-to” guide of handling inter-partes matters before the Board.

The purpose of the TBMP is to provide trademark

The Trademark Trial and Appeal Board (“TTAB”) of the United States Patent and Trademark Office (“USPTO”) is the administrative forum that adjudicates all trademark opposition and cancellation proceedings that are filed in the United States Patent and Trademark Office.   A case is commenced by the filing of a Notice of Opposition (in the case of