A conflicting registration can create serious obstacles for your brand. Get
support evaluating potential cancellation grounds, preparing a Petition for
Cancellation, and managing the proceeding before the Trademark Trial and Appeal Board.
We review the challenged registration, your trademark rights, and the surrounding facts. This assessment helps determine whether cancellation grounds may exist and whether a TTAB petition is appropriate.
A petition must identify the petitioner’s interest, the legal grounds for cancellation, and the registration being challenged. We help organize the allegations, supporting details, and required filing information.
After the proceeding begins, both parties must follow the schedule established by the Board. Support may include pleadings, discovery, motions, evidence, settlement discussions, and trial submissions.
Explore potential conflicts before investing further in a name or logo.
Understand the information and decisions involved in filing a trademark application.
Navigate questions and developments that may arise during the application process.
Stay aware of the steps that can help maintain and protect your trademark.
A TTAB cancellation proceeding can involve detailed rules, strict schedules, discovery, and written advocacy. We examine the registration and available facts, develop a strategy around recognized cancellation grounds, and keep each stage organized from filing through resolution.
Understand what a Petition for Cancellation involves and how a TTAB proceeding works. These answers cover eligibility, filing grounds, deadlines, evidence, and possible outcomes.
It is a formal request asking the Trademark Trial and Appeal Board to cancel all or part of an existing federal trademark registration. The petitioner must identify a valid interest and legally sufficient grounds.
A person or business that believes it is being damaged by a registration may file a petition. The petitioner must establish a real interest in the proceeding and a reasonable basis for believing it will suffer harm.
Possible grounds include likelihood of confusion, abandonment, nonownership, fraud, genericness, or other defects recognized under trademark law. Available grounds may depend on how long the registration has existed.
A cancellation petition may be filed after the trademark registers. However, once a registration is more than five years old, the available grounds become limited, so the registration history should be reviewed carefully.
A new cancellation proceeding is filed electronically through TTAB Center. The submission generally includes the petition, information about the parties and registration, the asserted grounds, and the required filing fee.
The TTAB issues an institution order containing the proceeding schedule. For orders issued under the current schedule, the registrant generally receives 60 days to answer, but the date stated in the order controls.
The case may proceed through an answer, discovery conference, discovery, motions, testimony periods, briefing, and a Board decision. The parties may also negotiate a settlement before the proceeding reaches a final decision.
The TTAB decides issues involving the right to federal registration. It generally does not award monetary damages or issue an injunction stopping marketplace use; those remedies usually require a court proceeding.
Understand your cancellation options before a conflicting registration causes further difficulty. Get support evaluating the dispute, preparing your petition, and navigating the TTAB process.