Petition for cancellation

Definition

A petition for cancellation is a legal request filed with the Trademark Trial and Appeal Board (TTAB) to cancel a registered trademark on the grounds that it should not have been granted or is no longer valid. This process allows interested parties, typically those who believe they will be harmed by the continued existence of a trademark, to challenge the registration. It plays a critical role in maintaining the integrity of the trademark register and ensuring that only valid trademarks remain protected.

5 Must Know Facts For Your Next Test

1. A petition for cancellation can be filed by any person who believes they are damaged by the registration of a trademark, which includes competitors or those with prior rights.
2. The grounds for cancellation may include abandonment, non-use, genericness, or fraud in obtaining the registration.
3. The TTAB requires that petitions for cancellation be filed within five years of the trademark's registration unless specific exceptions apply.
4. Once a petition is filed, the responding party must file an answer, and the case may proceed to discovery, hearings, and ultimately a decision by the TTAB.
5. Decisions made by the TTAB can be appealed to the U.S. Court of Appeals for the Federal Circuit, allowing for further review of the cancellation proceedings.

Review Questions

• What are some common grounds for filing a petition for cancellation against a registered trademark?
  • Common grounds for filing a petition for cancellation include abandonment of the trademark, where the owner has stopped using it; non-use, meaning the mark has not been used in commerce for an extended period; genericness, where the mark has become a common term for goods or services; and fraud in obtaining the registration, suggesting that false information was provided during the application process.
• Compare and contrast a petition for cancellation with an opposition proceeding regarding their processes and purposes.
  • Both a petition for cancellation and an opposition proceeding aim to challenge trademarks, but they occur at different stages. An opposition is filed before a trademark is registered, allowing parties to prevent registration based on potential harm or confusion. In contrast, a petition for cancellation occurs after registration and seeks to remove an existing trademark from the register. While oppositions are more about preventing new registrations, cancellations focus on addressing issues with marks that are already recognized.
• Evaluate how petitions for cancellation contribute to maintaining fair competition in the marketplace.
  • Petitions for cancellation serve an essential function in maintaining fair competition by ensuring that only valid trademarks remain on the register. They allow parties who may be adversely affected by potentially misleading or unjustly granted trademarks to seek recourse. By challenging registrations based on legitimate grounds, these petitions help prevent consumer confusion and protect both market integrity and innovation. This process ensures that trademark protection does not create unfair advantages or barriers to entry for competitors in various industries.

Related terms

TTAB: The Trademark Trial and Appeal Board is an administrative tribunal within the United States Patent and Trademark Office that hears and decides various disputes involving trademarks, including petitions for cancellation.

Opposition: A legal process where a party can oppose the registration of a trademark before it is granted, arguing that the mark should not be registered due to a likelihood of confusion or other valid reasons.

Likelihood of Confusion: A standard used to determine whether consumers are likely to be confused about the source of goods or services due to similar trademarks, often central to both opposition and cancellation proceedings.