Trademark Cancellation

A trademark cancellation is when a party files with the United States Patent and Trademark Office to have a registered trademark cancelled. The Trademark Trial and Appeal board reviews and rules on cancellation requests.

The Trademark Trial and Appeal Board reviews hundreds of cancellation requests each year. The primary reason a party files a trademark cancellation is because the party owns an existing trademark and believes the newer trademark is causing them harm.

Parties also file trademark cancellations when they believe an owner has abandoned a trademark. As the abandoned trademark is still registered, the party filing the cancellation cannot use and register the mark until the Patent and Trademark Office cancels the existing registration.

A party must usually file a trademark cancellation within five years of when the trademark owner originally registered the mark with the Patent and Trademark Office, although in certain circumstances there is no time limit for when a party can file a trademark cancellation.