Expunge trademark in LWP

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How to expunge trademark in LWP

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hey folks welcome to another episode of Hawthorne law TV my name is Jim Hart Iamp;#39;m the founder and chief attorney here at Hawthorne law and today I want to talk to you about trademarks trademarks um itamp;#39;s a really important but often um overlooked area of the law for online businesses and uh itamp;#39;s itamp;#39;s really important that you understand what a trademark is what the benefits are of creating a strong trademark and how to make sure you can have a strong trademark and how to register that trademark properly uh when the time comes so letamp;#39;s start with the basics hereamp;#39;s a quick definition of a trademark a trademark consists of a word or words phrase logo graphic design or expression that functions to identify the source of a product or service and to distinguish it from its competitors so when you have properly filed and registered your trademark youamp;#39;re entitled to trademark protection from the federal government and that means that you ca

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How do you take over 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. 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.

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.

Can a trademark be overturned?

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.

What are the grounds for cancellation of incontestable trademark?

The incontestable status provides a presumption that the mark has acquired secondary meaning. However, incontestable trademarks can still be cancelled if the mark is generic. In addition, abandonment (or non-use) of a mark provides grounds to cancel an incontestable trademark.

Can you remove a trademark?

Yes, a trademark can be removed from the trademark register if it is not being used. Many jurisdictions require that a trademark is actively used in commerce to maintain its registration and protection. This requirement is often referred to as use in commerce or use in connection with the goods or services.

How do I remove a trademark?

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.

How can trademark status be removed?

The trademark can be removed from the registry for non-use, as explained below - Not using a registered trademark for a period of five years starting from the date the trademark is registered. If the prescribed renewal fees are not paid, the trademark may be removed from the trademark registry.

Can a trademark be taken away?

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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Expunge trademark in LWP with our multi-purpose editing solution

How to expunge trademark in LWP

PDF editing simplified with DocHub

Drive efficiency with the DocHub add-on for Google Workspace

How to expunge trademark in LWP

Got questions?

How do you take over a dead trademark?

What is trademark expungement?

Can a trademark be overturned?

What are the grounds for cancellation of incontestable trademark?

Can you remove a trademark?

How do I remove a trademark?

How can trademark status be removed?

Can a trademark be taken away?

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