How do you cancel your own trademark?
Asked by: Lavinia Kunze | Last update: April 12, 2026Score: 4.3/5 (72 votes)
To cancel your own trademark in the U.S., you petition the Trademark Trial and Appeal Board (TTAB) via the USPTO's TEAS system, filing forms like the Petition to Cancel (TTAB Form 3) and submitting a fee, though registrations over five years old require specific legal grounds like abandonment or fraud. You're essentially challenging your own registration as if it were an opposition, but if you simply stop using the mark, it may be canceled for non-use anyway, or you can file a "Surrender" form via TEAS to voluntarily end it.
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 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 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.
Trademark Cancellation Proceeding explained
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 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.
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.
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 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).
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.
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 when a trademark is cancelled?
The cancellation of trademarks occurs when, for various legal or commercial reasons, a trademark loses its status on the register, depriving the company of its exclusive rights over the use of that identity in the market.
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 comes first, LLC or trademark?
For most businesses, form your LLC first, then trademark, because the LLC becomes the legal owner of the trademark, providing asset protection and official business status, but it's wise to do a trademark search before finalizing your LLC name to avoid conflicts and costly rebranding later. Forming the LLC first establishes the entity that will own the mark, simplifying ownership, but checking name availability before formation prevents issues where your chosen business name is already trademarked.
What names to avoid for LLC?
You should avoid LLC names that are misleading, include restricted words like "bank" or "insurance" (unless licensed), contain offensive language or suggest illegal activity, are too similar to existing trademarks, imply professional licensing you don't have (like "CPA"), or use overused clichés (like "Apex" or "Pinnacle"). Always check your state's specific rules and ensure the name isn't already registered or trademarked.
Who owns the trademark I am the company?
iamthecompany.
I AM THE COMPANY is a trademark owned by Zeina Khalil Khoury, a Dubai based entity. The trademark was filed on 27 Feb 2024 with serial number (#98422538) . The I AM THE COMPANY trademark is filed in the category of Clothing Products.
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.
How long does a trademark cancellation proceeding take?
A TTAB proceeding, whether it's an opposition or cancellation case, is not a quick process. These proceedings can take anywhere from 12 months to several years to reach a resolution, depending on the complexity of the case and the willingness of the parties to settle.
Can you lose a trademark if you don't enforce it?
You did the work, filed the paperwork, and finally got the green light from the U.S. Patent and Trademark Office. But what happens next matters even more. If you don't defend that trademark, you could slowly lose the legal protection you worked so hard to secure.
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.
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.
What are the risks of withdrawing?
Quitting “cold turkey” after substance addiction can be deadly in some cases due to the severity of some acute withdrawal symptoms. For example, rapid alcohol detox can cause seizures, delirium tremens, heart attacks, and strokes, all of which are dangerous and sometimes deadly.