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Some attorneys (including myself) offer a registrant a flat-fee to try to amicably resolve the cancellation (instead of litigate it). But, that flat-fee will probably be at least $1,000-$1,500.
To keep your federal trademark registration in place, you must prove that youre actively using the trademark after youve registered it. In fact, the USPTO requires you to regularly file renewals that show that youre still using your trademark.
How to prevent trademark infringement Trademark search. Before registering your trademark, conducting an exhaustive trademark search is a must. Register your trademark and actively use it. Trademark monitoring. Litigation process. Trademark infringement removal.
The proprietor has to file the application Form TM-P to the Registrar for cancellation of registration of a Trademark along with the prescribed fee. An accompanying affidavit stating the grounds of voluntary cancellation of a registered trademark is sent along with the application.
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.

People also ask

Incorrect Use Violation That means If you dont use it, you lose it! Non-use of a trademark for three consecutive years is considered abandonment unless proven otherwise. Additionally, companies must be able to prove they are using the mark as originally intended.
The Four Types of Trademarks Generic. Descriptive. Suggestive. Arbitrary or Fanciful.
A cancellation is the removal of a trademark registration from the register in response to the filing of a cancellation action. The proceedings are initiated when a party with standing files a cancellation action with a designated administrative body within the trademark office or with the responsible court.
If your company sells an item or multiple items, youd need to trademark the mark used to represent the business. If you have a company that provides a service, focus on the service mark. Using TM in your mark represents trademark and SM represents service mark. Neither holds any legal significance.
The word trademark can refer to both trademarks and service marks. A trademark is used for goods, while a service mark is used for services.

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