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trademark cancellation is the legal process of removing a registered trademark from the books this allows the trademark to be registered by another party this is done by filing a petition to cancel which is usually argued before the trademark trial and appeal board to cancel a trademark the petitioner must prove that the mark will cause harm if it is not cancelled because the petitioner only has to prove that damages may occur and not that it has occurred this is not as difficult as it may at first seem cancellation is different than trademark opposition trademark opposition is filed before a trademark is registered while trademark cancellation seeks to remove a trademark that has already been registered trademark cancellation is important because it protects the property of business owners it also protects their ability to compete in the free market an application for a mark can be refused if there is a similar mark already registered if the applicant believes they have the right to