Trademark Cancellation Attorney and TTAB Cancellation Proceedings
A Trademark Cancellation Attorney may challenge the validity of a registered trademark by initiating a trademark Cancellation Proceeding. In order to initiate a trademark Cancellation Proceeding, a Trademark Cancellation Attorney will file a Petition for Cancellation with the United States Trademark Trial and Appeal Board (TTAB). A trademark Cancellation Proceeding is similar to an Opposition Proceeding before the TTAB. A Trademark Cancellation Proceeding will likely be initiated if a party believes it is being damaged by another party’s existing trademark registration. The ultimate goal of a trademark Cancellation Proceeding is to have the trademark registration at issue cancelled and effectively removed from the United State Patent and Trademark Office’s (USPTO) Trademark Register.
What is a Trademark Cancellation Proceeding?
A trademark cancellation proceeding is a formal proceeding held before the TTAB. It is similar to a trial, but it is brought before the TTAB and not in a federal district court. The record is in written form, and witnesses will not have to appear in court. The sole issue that is decided in a cancellation proceeding is whether the trademark can remain registered in view of the evidence and arguments provided by the petitioner. The grounds for cancellation vary depending on how long the trademark / service mark is registered.
What Usually Happens to a Trademark if the Registration is Cancelled?
It is important to note that even if a registration is cancelled, the owner may still have common law trademark rights. The cancelled trademark registration only loses certain statutory rights associated with federal registration. Issues such as infringement and right to use are reserved for the courts, and are not decided by the TTAB. A more detailed explanation of a trademark cancellation proceeding is discussed here.
How Much Does a Cancellation Proceeding and Hiring a Trademark Cancellation Attorney Cost?
Regarding cost, a trademark cancellation typically costs less than an action in federal court. However, the cancellation can cost tens of thousands of dollars through discovery, and even more if the matter goes to the briefing stage. The cost of hiring a Trademark Cancellation Attorney varies based on the length and complexities associated with a particular Cancellation Proceeding. Most Trademark Cancellation Attorneys charge an hourly rate. It is important to consult with a Trademark Opposition Attorney individual to discuss his or her hourly rate.
Is a TM Cancellation Attorney Necessary?
Trademark Cancellation Attorneys are not necessary, but as with any form of litigation being represented by an experienced legal practitioner can be beneficial and create more efficient for all parties involved in the litigation. Experienced Trademark Cancellation Attorneys have knowledge of Trademark Law and the procedural processes associated with litigation before the TTAB.
Typical Goal of a Trademark Owner in a Trademark Cancellation Proceeding
The overall goal for the trademark registration owner is to keep the trademark registered by defending against the petition for cancellation. Whether that is by intense litigation or settlement, will depend on the facts of the case and the will of the parties. We will develop and implement a solid litigation strategy tailored to your needs.
Our Trademark Attorney May be Able to Assist You
Counsel for Esquire Trademarks has represented parties on both sides of cancellation proceedings. We have represented clients located in Pennsylvania, California, New York, and Manitoba Canada. Counsel has litigated against large multinationals. Esquire Trademarks has locations in Philadelphia, Allentown, and Scranton, and we practice nationwide.
