Expunge trademark in html

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Aug 6th, 2022

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How to expunge trademark in html

4.8 out of 5

27 votes

if the trademark registration has lapsed can i use it iamp;#39;m going to answer that question in the next four minutes iamp;#39;m angela langlotz trademark and copyright attorney iamp;#39;m going to spend our time today answering a viewer question so jason bowden distal this is for you jason messaged me and he asked i have a question if a trademark is dead or cancelled and a company hasnamp;#39;t used it within 10 or more years is it safe to register it for my company okay so you go into the trademark database you see the mark that you want to file and you go to look at it and itamp;#39;s dead itamp;#39;s dead so you think wahoo i can use it well not so fast not so fast you might not be able to use it we need to do a little bit more digging now remember that trademark rights are acquired through use right not just registration you have to keep using the mark in order to maintain your trademark rights if you donamp;#39;t use the mark then your trademark rights can be lost irresp

Got questions?

Below are some common questions from our customers that may provide you with the answer you're looking for. If you can't find an answer to your question, please don't hesitate to reach out to us.

What is trademark expungement?

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.

How do you dissolve a trademark?

The petition should clearly state the grounds for cancellation, provide supporting evidence, and explain why you believe the trademark registration should be canceled. File the Petition: Submit the cancellation petition to the appropriate trademark office or administrative body.

How do I abandon a registered trademark?

If your trademark application isnt the subject of an appeal, an opposition, or a concurrent use proceeding, then you should complete and submit the Request for Express Abandonment of Application form thats available on the USPTO website.

What are the grounds for cancellation of trademark?

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.

How do you reinstate a 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. 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.

How to withdraw a trade mark?

Trademark Withdrawal Process in India Step 1: Initiating the Withdrawal. The first step involves the applicant submitting a formal withdrawal request online to the relevant Trademark Registry. Step 2: Evaluation by the Trademark Authority. Step 3: Decision on Withdrawal. Step 4: Official Withdrawal and Record Update.

Can you invalidate a trademark?

A trademark can be invalidated (revoked) five years after registration by a third party if the party can prove the trademark is not being used for the registered purposes.

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