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Interlocutoy Cancellation Form - U S Patent and Trademark Office - uspto

Interlocutoy Cancellation Form - U S Patent and Trademark Office - uspto 2025

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The document is a decision from the Trademark Trial and Appeal Board regarding Cancellation No. 92043533, where petitioners Jacques M. Dulin and Innovation Law Group, Ltd. sought to cancel the registration of the mark 'INNOVATION LAW GROUP' filed by respondent Charles E. Gotlieb. The petitioners claimed prior use of the mark and likelihood of confusion. The Board found that petitioners established priority of use since at least May 1, 2000, while Gotlieb's earliest claim was June 21, 2000. Consequently, the Board granted the petition to cancel the registration due to established likelihood of confusion.

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We have answers to the most popular questions from our customers. If you can't find an answer to your question, please contact us.

How long does a trademark cancellation proceeding take?

In rare occasions, the TTAB will agree to an oral hearing upon request. The TTAB will issue a trial schedule with deadlines spanning 12 to 18 months. Most trademark cancellation hearings take a total of 30 to 36 months from start to finish.

What happens if your trademark is cancelled?

A canceled trademark registration in the United States Patent and Trademark Office (USPTO) is a trademark registration thats no longer valid. Once a registration is canceled, its considered dead and cannot be used by the USPTO to refuse registration of a trademark filed by someone else.

How do you cancel a patent?

Cancel Someones Patent Through a Request for Reexamination Search for inventions that existed before the patent you want to get rid of. Show to the Patent Office the inventions they missed. The Patent Office decides whether they will reexamine the patent. Respond to any arguments from the patent owner.

What is a petition for cancellation?

A petition for cancellation of a U.S. trademark registration is available to any party who believes that an already existing federal trademark registration should not be allowed to remain an active registration due to a variety of grounds, including abandonment of the trademark.

Can a cancelled trademark be revived?

The USPTO will usually send a notice of cancellation or expiration. If a trademark registration was canceled or expired due to USPTO error, the registration owner must file a petition to revive within two months of the date of the notice of cancellation or expiration.

What is the 5 year rule for trademarks?

A Trademark or Service Mark registration is active for five (5) years from the date the mark was filed with the California Secretary of States office. Within six (6) months of expiration of the five (5) years, the mark may be renewed for another five (5) years.

How do I cancel my USPTO trademark application?

The petition should clearly state the grounds for cancellation, provide supporting evidence, and explain why you believe the trademark registration should be canceled. File the Petition: Submit the cancellation petition to the appropriate trademark office or administrative body.

Interlocutoy Cancellation Form - U S Patent and Trademark Office - uspto 2025

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