What is a trademark cancellation proceeding?
Asked by: Prof. Pearlie McKenzie Jr. | Last update: February 13, 2026Score: 4.2/5 (70 votes)
A trademark cancellation proceeding is a legal challenge before the USPTO to invalidate an already registered trademark, initiated by a party claiming damage from the registration, often due to non-use, genericness, abandonment, fraud, or likelihood of confusion with their own rights, acting as a post-registration remedy similar to opposition but targeting existing registrations before the Trademark Trial and Appeal Board (TTAB).
What is a trademark cancellation action?
A cancellation is the removal of a trademark registration from the register in response to the filing of a cancellation action. The proceedings are initiated when a party with standing files a cancellation action with a designated administrative body within the trademark office or with the responsible court.
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.
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.
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
What is a petition for cancellation?
What Is a Petition to Cancel? 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 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.
Can a cancelled trademark be revived?
Yes, in many cases, an abandoned trademark application can be revived by filing a Petition to Revive if the abandonment was unintentional. The petition must explain the reason for missing the deadline and include the appropriate filing fee.
What is the difference between cancellation and rectification?
Rectification refers to the correction of an error or omission made in the trade mark application as recorded in the Trade Marks Register. On the other hand, cancellation refers to the process wherein a party seeks the removal of a trade mark from the Register.
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.
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.
Can I use my trademark while it's pending?
Trademark applicants must wait until they have been given official approval from the USPTO before using the registered trademark symbol (®). Although using TM or SM is allowed at any time, using the registered symbol while a trademark is still pending is a criminal or civil offense in many jurisdictions.
What is the success rate of trademark applications?
The approval rate for trademark applications in 2023 was 54%. This means that just over half of the applications submitted were granted. Understanding the factors that contribute to successful trademark applications can help applicants prepare stronger submissions, potentially increasing their chances of approval.
What are the three types of cancellation?
The three main types of cancellation in contracts, especially insurance, are Flat (full refund, as if it never started), Pro-rata (proportional refund of unused premium), and Short-rate (proportional refund minus a penalty fee for early cancellation). These methods dictate how much money, if any, is returned to the policyholder or customer when a policy or service is terminated before its term ends.
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.
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 a cancellation proceeding?
A proceeding before the Trademark Trial and Appeal Board in which the plaintiff seeks to cancel an existing registration of a mark. The proceeding may only be filed after issuance of a registration.
What proof is needed for rectification?
The burden of proof is on the party seeking rectification who must be able to produce convincing proof that the agreement does not reflect the intentions of the parties and the agreement as rectified will reflect those intentions.
What are the grounds for trademark rectification?
Trademark Rectification can be filed in India on grounds of contravention or failure to observe a condition of the trade mark already entered in the Register or an error in registering the trade mark.
What happens if a trademark is cancelled?
What happens if my trademark is cancelled? You will lose legal protection for the trademark, and you may need to re-register it if you wish to use it again.
How much does it cost to reinstate a trademark?
Fee to revive your abandoned application
If your application is abandoned for not timely responding to an office action, for example, you may file a petition to revive your application. The cost to file is $250.
Can I buy a cancelled trademark?
If the mark has been abandoned for three to five years, odds are, you're in the clear. That's the span that the USPTO requires trademarks to be maintained, meaning if the proper paperwork hasn't been filed, it's potentially up for grabs.
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.
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 ...
How much do trademark lawyers charge?
A trademark attorney's cost typically ranges from $1,000 to $2,500+ for full registration, including search and filing, plus mandatory government fees (around $250-$350+ per class). Fees vary by attorney experience and firm size, with small firms potentially costing $500-$1,000, large firms $1,000-$2,000, and hourly rates from $225-$500+. Expect added costs for office actions, renewals, or complex issues, with some firms offering packages from $400 to $3,000.