In the U.S., trademarks registered with the USPTO can be canceled through a Petition to Cancel if another party believes the mark was improperly registered. This process is similar to a legal case, involving document filings, discovery, and witness testimony, with the TTAB making the final ruling. Applicants may need to pursue cancellation if a prior registration blocks their own trademark application. Conversely, if your trademark is challenged, immediate legal action is crucial to protect your rights.
Key Points in Trademark Cancellation
Once a cancellation petition is filed, the registrant (defendant) has 40 days to respond. Failure to respond will result in a default judgment in favor of the petitioner (plaintiff), and the registered trademark will be canceled.
The TTAB is the administrative board that rules on appeals and oppositions submitted to the USPTO.
Certain cancellation petitions may be subject to time restrictions, depending on the case.
Our Services
We will thoroughly assess your case, helping you analyze the likelihood of cancellation or formulating a defense strategy. We provide tailored legal plans to maximize the protection of your trademark rights.
We will draft and submit all necessary legal documents, including petitions to cancel, responses, discovery requests, and more. We ensure all documents are accurate and compliant with TTAB requirements.
Our experienced attorneys will negotiate with the opposing party to attempt a settlement, aiming to reduce litigation risks and costs.
We will be with you every step of the way, from the initial response to the final ruling, safeguarding your rights before the TTAB.
We will monitor every stage of the case and keep you informed with the latest updates and legal advice.