Expunge trademark in WRD

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Aug 6th, 2022
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How to expunge trademark in WRD

4.8 out of 5
4 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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Any person aggrieved by the registration of trademarks may apply to get it cancelled. An aggrieved person is the one who is affected adversely by the trademark. A person interested in a trademark can apply for its cancellation. Though any person can apply for it, he can do so only on the grounds mentioned in the Act.
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.
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.
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.
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).
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.
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.

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