How do I abandon a trademark?
Asked by: Lucio Bogan | Last update: April 2, 2026Score: 5/5 (2 votes)
To abandon a trademark, you file an "Express Abandonment" form with the USPTO website for an application, or a "Voluntary Surrender of Registration" form for a registered mark, stopping use and notifying the USPTO in writing to remove it from the register, though this usually involves losing your rights and potentially not getting fees back. For complex cases (appeals, oppositions), file directly with the Trademark Trial and Appeal Board (TTAB) via ESTTA.
Can you abandon a trademark?
Abandonment of a trademark occurs when the owner of the trademark deliberately ceases to use the trademark for three or more years, with no intention of using the trademark again in the future. When a trademark is abandoned, the trademark owner may no longer claim rights to the trademark.
Can you cancel your own trademark?
If the mark has already been placed on the Principal Register, the party may petition the USPTO for cancellation of the registration. (15 United States Code, Section 1064.) A cancellation petition may be filed: within five years from the date the mark is published in the Official Gazette.
Can you cancel your trademark?
Trademark cancellations are generally initiated in the following circumstances: Non-Use: If a trademark has not been used for a continuous period of five years or more, it can be challenged and cancelled. This is one of the most common grounds for cancellation.
How do I withdraw a trademark registration?
SPECIAL FORM INSTRUCTIONS: You must provide the following as part of this submission: (1) a specific statement, signed by the owner/holder of the registration, indicating either that the registration is being surrendered in its entirety or specifying the class(es) to be surrendered; and (2) current contact information ...
How Do I Claim an Abandoned Trademark?
What happens if I make a trademark and never use it?
Under both federal law and in New York courts, a trademark is presumed abandoned after three consecutive years of non-use. That signals the mark no longer identifies your business. If you stop using it, others can step in, register it, and use it. Your legal protection disappears.
What is the difference between abandonment and withdrawal?
Think of it this way: withdrawing your application is like resigning from a job on your own terms, whereas having your application abandoned or refused is like being fired. Clearly, resigning is a better option. This keeps the end of your application process clean and intentional.
What are the grounds for cancelling a trademark?
The grounds for trademark cancellation can include issues such as non-use of the trademark, abandonment, fraud in the application process, genericness, or other factors that render the trademark registration invalid.
How do I deregister a trademark?
Cancellation By Proprietor
The proprietor can file an application under Section 58 of the Act to the Registrar of Trademarks (“Registrar”) for cancelling his trademark. The Registrar may on receipt of such application, cancel the entry of trademark from the register of trademarks.
Can you lose a trademark if you don't protect it?
Yes, it is possible for you to lose legal rights if you do not respond to an opposition case, as the intellectual property office oversees the opposition process itself.
What is the abandonment law for trademarks?
The Legal Standard for Abandonment
The key standard: if you haven't used your trademark in commerce for three consecutive years, and there's no clear plan to resume, the law presumes you abandoned it. Intent matters just as much as action.
How to end a trademark?
A petition to cancel is a legal filing submitted to the United States Patent and Trademark Office (USPTO), specifically to the Trademark Trial and Appeal Board (TTAB). It is a formal request to cancel an existing trademark registration, either in whole or in part.
How long does it take to cancel a trademark?
Generally, the process can take anywhere from several months to a few years. For example, in the United States, the Trademark Trial and Appeal Board (TTAB) typically takes about 12 to 18 months to process a petition for cancellation.
Can you delete a trademark?
The answer is YES if the trademark has been abandoned for non-use or never been used in commerce or before a particular relevant date. Under U.S. trademark laws, a petition for cancellation of a trademark registration may be filed at any time by any person who believes that he is or will be damaged.
Is there a fee for express abandonment at USPTO?
Also, filing of an Express Abandonment (Withdrawal) does NOT result in any refund of the original application fee. The fee is an initial processing fee, which is not refunded later, regardless of any expressed intent to cease prosecution of the application.
How long can a trademark go unused?
How long do trademarks last? The length of a federal trademark registration term is 10 years, but trademarks can potentially last indefinitely. Unlike patents and copyrights, trademarks do not expire after a set period of time.
How do you cancel your own trademark?
The Trademark Cancellation Process
Filing the Petition: You, the petitioner, file the Petition to Cancel with the TTAB (and pay the aforementioned filng fees, currently $600 per class of goods/services). This document outlines your standing and the specific legal grounds for your request.
What is a letter of withdrawal for trademark?
In such cases, a formal trademark withdrawal letter must be submitted to the Office of the Controller General of Patents, Designs and Trademarks. This letter informs the Registrar that the applicant no longer wishes to proceed with the application and requests that the record be closed.
Is trademark fee refundable?
No. Trademark authorities do not refund fees if they reject a trademark registration application. The cost of our Registration Request includes the official fees to submit the application to the local Trademark Office as well as the legal fees for reviewing, preparing and following up on your application.
How do I cancel a trade mark?
It can be either an agreement or a sudden decision o the part of the business owner. However, the proprietor should file an application as per the rules of Section 58 of the Act relating to the Registrar of the trademark. In this case, the registrar would cancel the trademark that you have opted for registration.
What happens if you don't renew a trademark?
There's no grace period. If you miss the 10-year renewal, the registration is canceled, and you must start over. Once a trademark expires, time matters. The longer you wait, the greater the risk that someone else claims or registers your mark.
What happens if you break a trademark?
Monetary Damages
Profits of the infringer can be awarded to the trademark owner, reflecting the infringer's earnings from the infringement; Statutory damages provide a range of financial penalties, often between $1,000 and $200,000 per infringement, when actual damages and profits are difficult to determine.
What is an example of abandonment?
Abandonment examples include children panicking when a parent leaves (separation anxiety), adults constantly needing reassurance or testing partners (fear of abandonment), pushing people away to avoid rejection, becoming clingy, or staying in unhealthy relationships, and even self-abandonment like neglecting your own needs or dreams. These often stem from childhood experiences of physical or emotional neglect, where a caregiver was inconsistent, unavailable, or absent.
What does refused mean in trademark?
A trademark application is "refused" when the registrar concludes that the trademark does not meet the statutory requirements for registration. Unlike an abandoned trademark, a refused trademark means that the registrar has taken a substantive decision to deny the registration, typically based on legal grounds.
What is Order 23 Rule 1 about?
Order 23 CPC provides for “withdrawal and adjustment of suits”. Rule 1 of this Order, as it stands today, was introduced vide the Code of Civil Procedure (Amendment) Act, 1976. It has 5 sub-rules, which are reproduced hereunder: Withdrawal of suit or abandonment of part of claim.