How Can You File a Petition to Cancel a Trademark? Imagine that you've built your brand from the ground up. You chose a name, designed a logo, and invested time and money into making it recognizable. Just as your business is gaining traction and a reputable name for itself among the consumer public, you discover someone else has already registered a federal trademark that is identical or nearly identical to your own.   Not only can this be a huge financial problem (forcing you to rebrand or abandon your business, but it can also lead to consumer confusion that loses you customers.  It might be confusingly similar to your own mark, or you might believe it was improperly granted (perhaps you started using the trademark before they did, or perhaps there is no evidence that they are actually conducting business under that name). Fortunately, the U.S. Patent and Trademark Office (USPTO) provides a legal path to challenge such a registration: a Petition to Cancel. Filing a petition to cancel a trademark is a significant step, and it should not be attempted on a whim. It's a formal legal proceeding held before the Trademark Trial and Appeal Board (TTAB), an administrative court within the USPTO. Understanding the valid reasons, or "grounds," for cancellation is the first step in determining if this is the right course of action for your business.  Since this is an important legal proceeding, it is also a very good idea to have the assistance of an experienced trademark practitioner attorney. This article will serve as an introduction and discuss the grounds and specifics of filng a petition to cancel a trademark registration and what the process generally involves.

After you Obtain a Federal Trademark Registration, can you Lose your Rights? Given the importance of trademark rights to every business, whether small or large, many business owners are keenly aware that obtaining a federal trademark registration is an essential goal of their business.  Similarly, whether they try to file on their own, use a non-lawyer DIY service, or seek the assistance of an experienced trademark practitioner attorney, many business owners have been successful in obtaining a federal trademark registration.  However, assuming that the job is done, and that these rights are permanent, many never ask the question of what, if anything can cause them to lose those rights.  Contrary to popular belief, owning a registered trademark isn’t the end of the story. Federal trademark rights can be lost if they aren’t properly maintained or protected, potentially leaving your brand vulnerable. Indeed, a trademark can last a very long time, but only if you stay vigilant and diligent in keeping up with the USPTO's requirements.   This article is meant to assist those business owners who were too shy to ask that important question "After you Obtain a Federal Trademark Registration, can you Lose your Rights?" We will outline the critical ways in which you could lose your federal trademark rights after registration and how to avoid these pitfalls. Stay informed to keep your trademark secure and protect your business identity.