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A cancelled trademark refers to a trademark registration that is no longer in effect.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.
Legal Use & context
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.
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.