Clean up trademark in MCW

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Aug 6th, 2022
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How to clean up trademark in MCW

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can you abandon your trademark rights well a trademark application can be abandoned if the applicant fails to respond to the examining attorney at the USPTO an abandoned application may be revived under exceptional circumstances but it is highly advisable that you do not miss any deadlines additionally a trademark application may be considered abandoned if required filings are not filed on time Federal registration can be abandoned as well most commonly through non-news a federal registered trademark and the USPTO has the potential to last forever although irresponsible trademark owner has to ensure timely filings of Maintenance forms such as Section 8 Declaration of use section 15 claim of incontestability and section 9 renewal a trademark owner May abandon their registered Mark through evidence of discontinued news for at least three years lack of enforcement against third party use licensing without quality control and like I said earlier failing to file those maintenance documents

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If ownership of the mark has changed you must file an Assignment of Trademark or Service Mark. Registrant must attach a true and correct copy of the original document showing proof of name change, or a copy of the original document filed in another jurisdiction and certified by the filing office of that jurisdiction.
Inability to Enforce Rights: An expired trademark typically means the owner loses the ability to enforce their trademark rights against others using a confusingly similar mark. This situation allows other businesses to use the same or similar mark without facing trademark infringement claims.
To do so, they ask the Court for an injunction ordering the infringer to cease using the trade marks. If infringement is established, the Court will likely grant a permanent injunction prohibiting any further infringement of the trade marks.
As of this writing, a California trademark filing costs $70.
There are several legal grounds that exist to cancel a trademark registration, including priority, abandonment (by non-use of at least three consecutive years together with an intent not to resume use), and fraud. There are additional grounds as well, such as priority of use and genericness.
If the mark has already been placed on the Principal Register, the party may petition the USPTO for cancellation of the registration. (15 United States Code, Section 1064.) A cancellation petition may be filed: within five years from the date the mark is published in the Official Gazette.
If your trademark has fallen into dead or abandoned status unintentionally, you may petition the USPTO within 60 days of the Notice of Abandonment. After the 60 days have lapsed, or if you cannot document the abandonment was unintentional, you will need to file a trademark application with the USPTO.

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