Once a trademark is registered with the USPTO, a business who believes that the registrant is not entitled to that registration may bring a Cancellation, or a Petition to Cancel the mark. Once a Petition to Cancel is filed, it kicks off a proceeding similar to a court case, where both sides plead their cases through extensive filings, discovery, interrogatories, and depositions. Once both sides have presented their cases, then the Trademark Trial and Appeal Board rules on the case.
A Cancellation may be needed in order for a trademark applicant to register their trademark. Sometimes, the USPTO will refuse a trademark application because of an existing trademark registration. If that is the case, the applicant may look at whether the registration being cited by the USPTO can be cancelled because of various reasons.
On the other hand, if you receive a Petition to Cancel against a trademark that you own, contact an attorney to discuss the case and go over your options and start to develop a personalized plan moving forward.
As with any litigation, it is often possible to work out a settlement between the two parties. The attorneys at Gerben IP have extensive experience negotiating positive settlements for our clients. If settlement is not possible, Gerben IP uses cutting-edge technology and experience to reduce the cost to our clients while providing high-quality legal representation. We’ve been involved in hundreds of Trademark Trial and Appeal Board proceedings and offer free consultations.