How do I withdraw a trademark registration?
Asked by: Dr. Santino Trantow | Last update: January 31, 2026Score: 4.5/5 (39 votes)
To withdraw a U.S. trademark registration, you generally file a "Surrender of Registration for Cancellation" form via the USPTO's Trademark Electronic Application System (TEAS) if it's straightforward, but if your registration is under dispute (like a TTAB proceeding), you must submit a formal, custom voluntary surrender through the ESTTA system and serve it on the other party, with both methods typically being free.
Can you cancel your own trademark registration?
The process of cancelling a registration is to file a Petition For Cancellation with the Trademark Trial and Appeal Board, which is an administrative tribunal that handles disputes over trademark registrations, including cancellation actions, as part of US Patent and Trademark Office.
How do I cancel trademark registration?
Procedure For Cancellation
The proprietor has to file the application Form TM-P to the Registrar for cancellation of registration of a Trademark along with the prescribed fee. An accompanying affidavit stating the grounds of voluntary cancellation of a registered trademark is sent along with the application.
How to withdraw a 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.
Can you withdraw a trademark application without prejudice?
This could only be accomplished, without the opposing party's consent and without a dismissal with prejudice if an answer has not yet been filed. However, if an answer was filed the proceeding cannot be withdrawn without prejudice unless written consent of the opposing party is acquired.
Can I Withdraw My Trademark Application? | Trademark and Patent Law Experts News
How to respectfully withdraw an application?
How to write a letter of withdrawal
- Be specific in your subject line. The subject line of your email provides context for your message. ...
- Use a professional greeting. ...
- Offer your thanks. ...
- Provide your reasons. ...
- Reiterate your gratitude. ...
- End with a proper closing.
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.
How to write a withdraw statement?
I am writing to formally notify you that [Organization] is withdrawing from its role in the [Project Name and ID] project, effective [Withdrawal Date]. This decision has been made after careful consideration and due to [briefly mention the reason, if appropriate].
Can you lose a trademark if you don't use it?
Non-use: You can't keep a trademark that you don't use. In the United States, if you fail to use a trademark in any way for three consecutive years, the United States Patent and Trademark Office (USPTO) will consider it abandoned.
What are the grounds for trademark cancellation?
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.
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.
How much does a petition for cancellation trademark cost?
Initiating a petition to cancel also involves filing fees (currently $600 per each class of goods/services that you are seeking to cancel).
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.
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.
What happens if I don't renew my trademark?
Unlike copyrights and patents, trademarks don't have a fixed expiration date—but that doesn't mean they last forever. If you fail to renew on time, the United States Patent and Trademark Office (USPTO) will cancel your registration, making it available for anyone else to claim.
What is a good reason for withdrawal?
Usually the main reason to withdraw from a course if there is not a medical or other emergency is because you know that you are going to be unable to pass the course.
Does withdraw mean cancel?
A cancellation occurs when a student disenrolls all course sections for a term prior to classes beginning. To drop is to disenroll from one or more courses while remaining enrolled in at least one course. To withdraw is to disenroll from all course sections on or after the first day of instruction.
What are common withdrawal mistakes?
Common withdrawal mistakes include taking sizeable withdrawals, withdrawing from the wrong account, ignoring market conditions, and failing to leverage losses for a smaller tax bill.
How to withdraw politely?
The key to withdrawing gracefully is to keep it respectful
- Don't ghost. Responding professionally keeps your reputation intact.
- Keep it short. You don't need to over-explain. ...
- Leave the door open (if you want). If you'd consider working there in the future, say so.
- Send a note promptly.
What is proof of withdrawal?
What is this? When you withdraw cash from an ATM or your bank, you will typically receive a withdrawal receipt. This document contains important information about the date, amount and location of the withdrawal.
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.
Is it better to trademark or LLC?
An LLC (Limited Liability Company) creates a legal business structure that separates personal and business assets for liability protection, while a trademark protects your brand identity (name, logo, slogan) to prevent consumer confusion, with an LLC being the foundation and a trademark securing your brand's unique identifiers, serving different but complementary roles in business formation and protection. You usually form the LLC first as the legal entity and then register a trademark to protect your specific brand name and logo used within that business.
What is stronger, TM or R?
Legal Protection: The ® symbol provides stronger legal protection than ™. It gives you the right to sue for trademark infringement if someone else tries to use your registered trademark without permission.