Expunge trademark in AWW

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Aug 6th, 2022
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How to expunge trademark in AWW

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common law trademarks as long as you as a business are using a name and logo associated with your products or Services your brand has certain common law trademark protections these common law trademark protections are usually limited to the geographic area of use this means if your products or services are only available in Chicago or Illinois another company with the confusingly similar name or logo and providing the confusingly similar services or products could exist in Washington DC without infringing on your brand common law trademarks are usually harder in force due to the limited protections it provides Brands thatamp;#39;s why usually Brands seek out other kinds of trademark protections

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A trademark can (theoretically) last forever, as long as the mark continues to be used in conjunction with the sale of a good/service in interstate commerce. But if a trademark holder no longer uses the trademark, or fails to enforce his/her trademark rights, he may lose his trademark rights.
An expungement attacks a registered trademark on the basis that it has never been used. Not in the past, and not now. The word eXpungement reminds me of the letter X. So remember, X = never used. A request for expungement must be filed between 3 and 10 years after the registration date.
Trademark abandonment, in general terms, occurs when a mark owner discontinues use of the mark with no intent to resume use. Nonuse for a period of three years creates a presumption of abandonment. Abandonment also occurs when the mark owner takes action that causes the mark to become generic.
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.
Some companies file for a trademark on a logo or slogan and then never use them. Other times, the iconography is too similar to other existing trademarks. In these scenarios, the United States Patent and Trademarks Office (USPTO) may deem a trademark invalid and revoke it.
Reviving Dead Trademarks In some cases, it is possible to revive a dead trademark. If your trademark has fallen into dead or abandoned status unintentionally, you may petition the USPTO within 60 days of the Notice of Abandonment.
Here are seven ways you could lose your trademark. Not Using Your Trademark. Misusing Your Trademark. Naked Licensing / Failing to Maintain How Others Use Your Trademark. Failing to Record Your Trademark Transfer. Allowing Your Mark to Become Generic. Failing to Protect Your Mark. Altering Your Trademark.
The grounds for trademark cancellation can include issues such as non-use of the trademark, abandonment, fraud in the application process, genericness, or other factors that render the trademark registration invalid.

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