Expunge trademark in MBP

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How to expunge trademark in MBP

5 out of 5

68 votes

absolutely we strongly recommend that a trademark search be conducted in fact I would say that a trademark search is probably the more important part of the process than the trademark application or registration because in the U.S P you can acquire rights in a mark just from the use of the Market Commerce even without a registration but you want to make sure that you are not starting to use a Mark that is already being used by somebody and somewhere down the line theyamp;#39;re going to come back at you and say youamp;#39;ve got to stop using it and sometimes you donamp;#39;t know how long or when that is going to be and itamp;#39;s like a ticking Time Bomb so itamp;#39;s probably more important I would say to just clear the mark make sure you have available rights that are youamp;#39;re acquiring and then you know if you need to apply later for the registration and apply later when uh when thereamp;#39;s more funds in the business

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What happens if you stop using a trademark?

If no evidence of use is provided, the trademark will be deemed abandoned, leading to the loss of status of a registered trademark. Especially with US trademarks, you will need to prove the usage of the trademark in commerce.

What happens when a trademark is cancelled?

A canceled trademark is a trademark that, for one reason or another, has been deemed invalid. When a trademarks registration has been terminated, that means it can be registered by another person or business. It also means the trademark cannot be used in any way to deny the registration of a similar trademark.

Can I abandon my trademark?

But there may be times when you might abandon a trademark purposely or inadvertently or you may wish to use one that was once owned by another. There are two primary ways in which a trademark can be abandoned through nonuse or by failing to move your USPTO application forward.

Can I use a dead or cancelled trademark?

When a trademark is dead, it means that anyone can use it without fear of legal repercussions from the original trademark owner. A Dead Trademark is generally available for anyone else to register, making it an opportunity to take ownership of an old, inactive logo or phrase.

What is the expungement proceeding of the trademark Modernization Act?

Expungement Proceedings. The new ex parte expungement proceeding is codified at 15 U.S.C. 1066a and provides a basis for cancellation of a trademark registration when the mark was never used in United States commerce for some or all of the goods and/or services listed in the registration.

How do I cancel my USPTO trademark?

Cancellation proceedings are available for challenging a trademark registration after it has issued. A party that is damaged by the continued existence of the registration can seek cancellation. Frequently, the proceedings are commenced by a party that asserts priority rights in the trademark.

Can you cancel your own trademark registration?

A petition for cancellation of a trademark registration may be filed at any time. However, a mark which has been registered for more than five years may only be cancelled on the grounds enumerated in Trademark Act 14.

How do you get a petition to expunge a trademark?

If you want to challenge a registration due to nonuse in an attempt to get the registration canceled, you can request an expungement or reexamination proceeding. These processes may be less expensive and quicker than a contested cancellation proceeding before the Trademark Trial and Appeal Board (TTAB).

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