Expunge trademark in OSHEET

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Aug 6th, 2022
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How to expunge trademark in OSHEET

4.9 out of 5
15 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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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.
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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.
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.
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).
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.
These grounds include: The mark has become the generic name for the goods or services, or a portion of the mark has become generic. The trademark is functional. The trademark has been abandoned. The trademark registration was obtained fraudulently.
Specifically, applicants have the opportunity to submit a petition with the USPTO to revive the trademark application within two months of the issuance of the Notice of Abandonment; or, two months after the date of actual knowledge of the abandonment but no later than six months from the date the trademark electronic
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.
A court might order that trade mark registration be cancelled in certain circumstances. However, cancellation of a trade mark is usually a voluntary request completed in writing by the trade mark owner. Before cancelling your trade mark, it is best to ask a trade mark lawyer about whether it is the best option for you.

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