How long does it take to cancel a trademark?
Asked by: Prof. Juvenal Denesik | Last update: February 7, 2026Score: 4.6/5 (66 votes)
Canceling a trademark in the U.S. through the Trademark Trial and Appeal Board (TTAB) is a lengthy quasi-litigation process, typically taking 12 to 36 months (1-3 years), though it can vary greatly; while a standard schedule might span 12-18 months, contested motions or extensive discovery can extend it significantly, though some cases settle faster, and expedited procedures exist for clear-cut cases like abandonment.
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.
How does a trademark get cancelled?
There are several legal grounds that exist to cancel a trademark registration, including priority, abandonment (by non-use of at least three consecutive years together with an intent not to resume use), and fraud. There are additional grounds as well, such as priority of use and genericness.
Can you cancel your trademark?
Voluntary Cancellation: Trademark owners can request cancellation if they no longer wish to maintain their trademark.
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).
Trademark Cancellation Proceeding explained
How common are trademark lawsuits?
How Many Trademark Infringement Lawsuits Were Filed in 2020? In 2020, there were 11,941 trademark infringement lawsuits filed in the United States. This figure illustrates the significant number of disputes that reach the litigation stage, emphasizing the aggressive stance businesses take to protect their trademarks.
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 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.
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.
What happens if you abandon a trademark?
When a trademark is abandoned, the trademark owner may no longer claim rights to the trademark. In effect, this frees the trademark so that anyone else can use it without recourse from the original trademark owner.
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.
Can a trademark be cancelled?
Fraud or Misrepresentation: If the trademark owner obtained the registration through fraudulent means or provided false information, the trademark can be canceled. Abandonment: When the trademark owner stops using the mark and has no intention to resume its use, the trademark may be canceled.
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.
What is the rule 47 of trademark rules?
Under Rule 47 of the Trade Marks Rules, 2017, the opponents can file evidence in reply to rebut or to deal with the evidence filed by the applicants under Rule 46 and if the opponents do not file its reply under Rule 47, the Registrar of Trade Marks may consider that the averments made and documents relied upon by the ...
What is the 3 month rule for copyright?
Copies of all works under copyright protection that have been published or distributed in the United States must be deposited with the Copyright Office within 3 months of the date of first publication.
What is the rule 37 of trademarks?
Further, Rule 37 of Trade Marks Rules, 2017 states that an applicant for registration of a trademark may, whether before or after acceptance of his application but before the registration of the trademark, apply in Form TM-M accompanied by the prescribed fee for the correction of any error in or in connection with his ...
Can someone steal my logo if it's not trademarked?
If your logo is registered with the USPTO (U.S. Patent and Trademark Office), you have a strong legal foundation to stop others from using it. But even without registration, you may still have common law rights if you've been using the logo consistently in commerce.
Is it legal to charge 100% cancellation fee?
A cancellation fee is a set charge a business applies when a client cancels a service with short or no notice. It helps cover lost time, staff or costs. To be fair and legal, the fee must be clear, reasonable and shared with the client before the booking or contract is confirmed.
What is the rule for cancellation charges?
Cancellation charges are per passenger. If a confirmed ticket is cancelled within 48 hrs and up to 12 hours before the scheduled departure of the train, cancellation charges shall be 25% of the fare subject to the minimum flat rate mentioned in the above clause.