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Remove Mark from the Trade Name Assignment

Remove Mark from the Trade Name Assignment and eSign it in minutes

Aug 6th, 2022

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Got questions?

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.

What are the grounds to cancel a trademark?

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 is a trade mark assignment?

A trademark assignment is the transfer of an owners property rights in a given mark or marks. Such transfers may occur on their own or as parts of larger asset sales or purchases. Trademark assignment agreements both provide records of ownership and transfer and protect the rights of all parties.

What happens to a trademark if it is not being used?

To acquire and maintain trademark rights, it comes down to use of the mark. If the mark is no longer used, no longer used in association with all of the goods/services identified in registration for the mark, or if the mark is used incorrectly, rights in the mark will be lost.

Can a trade mark be Cancelled?

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.

Can you modify an existing trademark?

If it cant be processed in time, your trademark will be published as is. However, after your trademark is registered, you can request changes by filing a Section 7 Request for Amendment or Correction of Registration Certificate form.

How do I remove a trade mark?

This is done by filing a Petition to Cancel, which is usually argued before the TTAB, or Trademark Trial and Appeal Board. In some cases, the argument can be litigated in federal court, and the courts can also cancel a mark in such a circumstance.

How do I delete a trade mark?

An applicant is required to file an application in Form TM-O (Application for rectification of the register). Along with the application, the applicant is required to submit, statement of the case (i.e. statement of grounds).

How do I change my assignment on USPTO?

Change of Owner (Assignment) and Change of Owner Name The original owner should record the assignment or name change with the USPTOs Assignment Recordation Branch by filing a Recordation Cover Sheet along with a copy of the actual assignment or proof of name change.

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