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Remove Mark to the Trade Name Assignment

Remove Mark to 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.

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.

Can a trademark be overturned?

You may challenge a trademark registration issued by the USPTO by filing a petition to cancel the registration with the Trademark Trial Appeal Board (TTAB).

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.

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.

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.

Is trademark vulnerable to cancellation?

The answer is YES! if the trademark has been abandoned for non-use or never been used in commerce or before a particular relevant date. Under U.S. trademark laws, a petition for cancellation of a trademark registration may be filed at any time by any person who believes that he is or will be damaged.

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 if my 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.

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