Can Your Registered Trademark Be Cancelled?
Registered trademarks are granted by the United States Patent and Trademark Office (“USPTO”). Registered trademarks can also be cancelled by the USPTO for various reasons. A cancelled trademark is a trademark that for one reason or another has been deemed invalid. When a trademark’s registration has been terminated that means it can be registered by another person or business. Once a trademark has been cancelled, it is considered dead. The owner of this trademark is no longer protected by any of the benefits of a registered trademark.
TRADEMARK CANCELLATION WITHIN 5 YEARS
If the petition to cancel a registered trademark is filed with the Trademark Trails and Appeals Board within 5 years of the trademark registration date, the grounds for the petition are more expansive and provides for a mechanism for addressing any potential issue with the trademark registration that might not have been discovered during the examination process. This could include situations where the registered trademark should not have been granted due to factor such as:
NON-USE is defined as if the trademark owner has not made a genuine use of the registered trademark in connection with the goods or services for which it was registered for a specific period of time.
ABANDONMENT is defined as if the trademark owner has abandoned the use of the trademark, effectively rendering it inactive.
FRAUD is defined as if the trademark registration was obtained through fraudulent or deceptive means.
GENERICNESS is defined as if the trademark has become generic and no longer serves as a distinctive identifier of the source of goods.
LIKELIHOOD OF CONFUSION is defined as if the registered trademark is likely to cause confusion with another existing trademark.
PRIOR RIGHTS is defined as if the registered trademark infringes on prior rights.
TRADEMARK CANCELLATION AFTER 5 YEARS
After the initial 5 year period following trademark registration has passed, grounds for canceling a trademark may still exist, but the procedures and requirements for seeking cancellation may differ from those within the 5 years. The grounds for cancellation include the grounds for cancellation stated above with the exception of including:
BAD FAITH, which is defined as if the registered trademark owner acted in bad faith to obtain the registration.
There are other reasons for cancellation, which include but are not limited to: the trademark may be deceptive, scandalous, or immoral, or it may consist of a living person’s name, portrait, or signature without their consent.
Here are a few famous registered trademarks that were cancelled for becoming generic:
- Aspirin
- Yo-Yo
- Cellophane
- Escalator
- Trampoline
- Laundromat
- ZIP Code
- Zipper
It’s never too late to trademark your assets, including but not limited to your company logo, company names, product names, slogans, and much more. Schedule your consultation with the Queen of Business Law® Kelly Bagla, Esq. today and secure your trademark for exclusive use under law.
For more information on how to legally start and protect your business schedule your consultation here https://baglalaw.com/contact.
Disclaimer: This information is made available by Bagla Law Firm, APC for educational purposes only as well as to give you general information and a general understanding of the law, and not to provide specific legal advice. This information should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
