Undo trademark in AFP

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Aug 6th, 2022
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How to undo trademark in AFP

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if a name is confusingly similar in your industry or space then youamp;#39;re not going to be able to use it it will be considered trademark infringement you might be wondering what is confusingly similar who decides that well itamp;#39;s a considered a finding a fact I will ask my client who is arguing that somebody elseamp;#39;s brand is similar Iamp;#39;ll say keep a log of all the calls from customers you get where theyamp;#39;re confused about whether you are yourself or this other company thatamp;#39;s using a similar name so thatamp;#39;s one example of how you can establish evidence that customers are actually confusing two separate companies you have to prove there is no confusion in the marketplace

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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.
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.
A: Trademark clearance is the process where you submit your desired trademark to the USPTO to determine if anything similar is already in use. If your trademark is too similar or the exact same as something that already exists, you can then make changes to ensure you arent copying another companys assets.
If your trademark application isnt the subject of an appeal, an opposition, or a concurrent use proceeding, then you should complete and submit the Request for Express Abandonment of Application form thats available on the USPTO website.
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.
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
Prepare the Cancellation Petition: Work with your attorney to draft a formal petition for cancellation. The petition should clearly state the grounds for cancellation, provide supporting evidence, and explain why you believe the trademark registration should be canceled.

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