To remove a trademark from the Federal Register, a petitioner can file what is known as a Petition to Cancel with the Trademark Trial and Appeal Board (TTAB), an adjudicatory body within the United States Patent and Trademark Office (USPTO). If a petitioner succeeds on its motion, the disputed mark will be removed from the Federal Register and lose the rights it was granted by registration. However, it’s important to remember that removing a mark from the Federal Register doesn’t eliminate any common law rights it has.
Category: Trademark Law
Who has Standing to Oppose or Cancel My Trademark?
The first question in any trademark opposition or cancellation proceeding is likely a question of whether the opposer (for opposition proceedings) or petitioner (for cancellation proceedings) has standing to pursue the action. The rules for establishing standing, meaning a sufficient interest in the mark to litigate, are relatively easy to establish and are generally considered… READ MORE
What is a Trademark Cancellation Proceeding?
A trademark cancellation proceeding is an administrative proceeding, similar to a civil federal lawsuit, before the Trademark Trial and Appeal Board (TTAB) in which one party requests that a registered trademark be cancelled. In other words, a mark that has successfully made its way through the trademark registration process still remains subject to cancellation by… READ MORE
Affirmative Defenses in Trademark Infringement Affirmative defenses in trademark infringement cases is an excuse for the conduct of a potential trademark infringer, which would allow continued use of the mark. There are two affirmative defenses to trademark infringement: fair use and parody. Fair Use Defense A fair use defense in trademark law applies when a… READ MORE
What is Nominative Use? What is nominative use? When most people need to blow their nose they will ask for a Kleenex. Most people do not realize that what they are actually asking for is a certain brand of face tissue. However, many people equate Kleenex with all face tissue regardless of the brand. This… READ MORE
What’s up with the M22 trademark? John DiGiacomo explains trademark law, and how M22 can trademark a sign that’s in the public domain. For more information about trademark services or how Revision Legal can assist with your trademark issue, please use the contact form on this page, or call us at 1-855-473-8474.