Do you need to cancel a trademark that is blocking your own registration? Or are you facing a cancellation proceeding against your registered trademark? If so, you need the help of experienced trademark attorneys who can handle your case efficiently and effectively.
At The Trademark Place, we offer we offer trademark cancellation services for both petitioners and respondents. We can file a petition for cancellation with the Trademark Trial and Appeal Board (TTAB) or defend your trademark registration from a cancellation attack. We have the knowledge and skills to handle all aspects of trademark cancellation proceedings, from filing the initial documents to conducting discovery, taking depositions, submitting evidence, and arguing your case before the TTAB.
What is a trademark cancellation?
A trademark cancellation is a legal process that allows a party to challenge the validity of a registered trademark and seek its removal from the federal trademark register. A trademark cancellation can be filed by anyone who believes that they are or will be damaged by the continued registration of the trademark.
There are various grounds for filing a trademark cancellation, such as:
- The trademark is generic, descriptive, or otherwise not distinctive
- The trademark is confusingly similar to a prior registered or used trademark
- The trademark owner committed fraud or misrepresentation in obtaining the registration
- The trademark owner abandoned the trademark or failed to use it in commerce
- The trademark owner assigned the trademark improperly or without the goodwill
- The trademark is being used in bad faith or to violate the rights of others
A trademark cancellation can be filed at any time after a trademark is registered, but some grounds become incontestable and unavailable after five years of continuous use. Therefore, it is important to act quickly if you want to cancel a trademark that is affecting your business or brand.
How Can We Help You With Trademark Cancellation?
Whether you want to cancel a trademark or protect your trademark from cancellation, we can help you achieve your goals. We have the experience and expertise to handle trademark cancellation cases of any complexity and size. We can assist you with:
- Conducting a comprehensive trademark search and analysis to identify potential conflicts and risks
- Drafting and filing a petition for cancellation or an answer to a cancellation petition
- Negotiating a settlement or consent agreement with the other party
- Conducting discovery, taking depositions, and obtaining relevant evidence
- Preparing and submitting briefs, motions, and oral arguments before the TTAB
- Appealing or enforcing the TTAB’s decision in federal court if necessary
We offer flat fee trademark cancellation services, so you can budget your legal expenses with confidence. We also provide free consultations, so you can discuss your case with us without any obligation. Contact us today to find out how we can help you with your trademark cancellation needs.
Want to learn more about our trademark enforcement services or would like to schedule a consultation with one of our attorneys, please contact us today or fill out the form below. We’ll be happy to assist you and help you protect your brand.