Expunge trademark in WPT

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How to expunge trademark in WPT

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Hey, everybody, weamp;#39;re going to dive right in. Iamp;quot;m Jason Lott the managing attorney for trademarks customer outdocHub. at the USPTO. which is an incredibly long way of saying that it is my job to teach you about trademarks, what they are, why theyamp;#39;re important, and how the federal registration of your trademark can help you build your business. So this is probably talking about over the next hour we are talking what a trademark actually is. Weamp;#39;re going to talk about why you might want to register it with the USPTO. Weamp;#39;re going to talk on the big part of what weamp;#39;re going to talk about today. is about how to select or choose or create a trademark. If there are any takeaways that I want you to walk away today with, it is how to select or choose or create a strong trademark, right? So weamp;#39;re going to spend a bulk of the time talking about that. Weamp;#39;re now very briefly about filing and registration. And now, because itamp;#39;s s

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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.

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).

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 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.

Can you misappropriate a trademark?

In addition to U.S. laws, the Trademark Counterfeiting Act of 1984 criminalized the intentional sale of counterfeit goods and services. Taken together, these laws allow for criminal sanctions for perpetrators of intellectual property misappropriation.

Can a trademark be cancelled?

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.

What are the grounds for cancellation of incontestable trademarks?

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.

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.

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