Cancelled Trademark: What It Means and Why It Matters
Definition & meaning
A cancelled trademark refers to a trademark registration that is no longer in effect. This status can occur for several reasons, including the trademark owner's failure to submit necessary documentation, such as a continued use affidavit under Section 8 of the Trademark Act. Additionally, a trademark may be cancelled through a formal proceeding at the Trademark Trial and Appeal Board or as a result of a decision made in a civil court case. A cancelled trademark is often referred to as a dead trademark.
Table of content
Everything you need for legal paperwork
Access 85,000+ trusted legal forms and simple tools to fill, manage, and organize your documents.
The term "cancelled trademark" is primarily used in trademark law, which falls under intellectual property rights. It is relevant in various legal contexts, including civil litigation and administrative proceedings. Users can manage trademark registrations and cancellations themselves using resources like US Legal Forms, which offers templates and guidance for filing the necessary documents to maintain or contest trademark status.
Key Legal Elements
Real-World Examples
Here are a couple of examples of abatement:
Example 1: A business owner registers a trademark for their product but fails to file the required affidavit after five years. As a result, the trademark is cancelled by the USPTO due to inactivity.
Example 2: A company is involved in a legal dispute over a trademark and loses in court, leading to the cancellation of their trademark registration. (hypothetical example)
Relevant Laws & Statutes
Key legal references include:
Trademark Act of 1946 (Lanham Act) - particularly Section 8 regarding continued use affidavits.
Trademark Trial and Appeal Board rules governing cancellation proceedings.
Comparison with Related Terms
Term
Definition
Active Trademark
A trademark that is currently registered and protected under the law.
Abandoned Trademark
A trademark that is no longer in use and has not been maintained, but may not yet be formally cancelled.
Registered Trademark
A trademark that has been officially recorded with the USPTO and is protected by law.
Common Misunderstandings
What to Do If This Term Applies to You
If you find that your trademark has been cancelled, consider the following steps:
Review the reasons for cancellation to understand your options.
If applicable, prepare and submit the necessary forms to re-register your trademark.
Consult with a legal professional if you need assistance navigating the process.
Explore US Legal Forms for templates and resources to help you with trademark filings.
Quick Facts
Attribute
Details
Typical Fees
Fees for filing a trademark application vary, typically ranging from $225 to $400 per class of goods/services.
Jurisdiction
Federal jurisdiction through the USPTO.
Possible Penalties
Loss of trademark rights and potential legal costs in disputes.
Key Takeaways
FAQs
You will lose legal protection for the trademark, and you may need to re-register it if you wish to use it again.
Yes, you may contest a cancellation through the Trademark Trial and Appeal Board if you believe it was unjust.
Ensure you file the necessary continued use affidavits and maintain active use of your trademark.
