Francelina M. Perdomo Klukosky, Esq.
Manhattan, NY: (212) 980-7206
Trademark Cancellation
Trademark Cancellation Lawyer NYC - Francelina M. Perdomo Klukosky of Perdomo Law
Trademark Cancellation Law Firm, Perdomo Law in Manhattan New York, NY
Trademarks are something instantly recognizable that represents a product. A trademark can come in the form of a word, phrase, or symbol. Trademarks make it easy for consumers to know who created the product. Some trademarks are registered, and others are not. Rules apply over how others may use them and if a trademark is active. It is also possible for trademark cancellations to occur, and it is a legal complication that usually requires the help of an attorney.
What is a Trademark Cancellation?
A trademark cancellation requires a formal proceeding with the United States Trademark and Patent Office (USTPO). The process is like a civil lawsuit where the person filing the complaint explains why the defendant should not have the rights to a trademark. The USTPO
only hears cases that involve registered trademarks. The organization also accepts appeals on previous decisions. The arguments for the filing will typically take place in front of the Trademark Trial and Appeal Board
(TTAB).
Intellectual Property Francelina M. Perdomo Klukosky Lawyer Quoted in Forbes.com
Who Should Consider a Trademark Cancellation?
Filing a complaint to have a trademark canceled is something that happens only if the complainant has standing. The word standing in this context means that the individual or entity experienced a monetary loss from the defendant's ownership of the trademark or will experience one if not allowed its use.
A cancellation is unlikely to succeed if the defendant actively uses the trademark and has legal ownership. A Trademark Cancellation Lawyer can determine if someone has registered their trademark and actively uses it. If not, the lawyer can file the claim or appeal for their client to cancel the registration.
It is also possible for people to stop a registration from happening. Stopping a registration is called a trademark opposition. The process can only occur within 30 days of a public notice of the intent to register the trademark. Attorneys that handle trademark cancellation cases can also assist with trademark oppositions.
What Actions Justify a Trademark Cancellation?
Trademark cancellations occur for several reasons. Inactivity is one of the most common causes of the loss of trademark rights. A company or individual once using a trademark has since closed or sold the business. Anyone who wants to use the trademark needs proof of the non-use by the current registered owner. The complainant also needs to prove that the inability to use the trademark has, or will, affect them financially.
Companies sometimes allow others to use a trademark temporarily during a joint marketing plan. Licensing plans can enable the crossover marketing of products under the use of the trademark from each organization. If one company fails to meet its obligations, a trademark cancellation proceeding allows the original owner to strip the other entity of their right to use the symbol or other identifying image.
Sometimes trademark disputes happen due to someone registering a trademark only to prevent its use by someone else. The individual who does not own the registration but needs it for their company would file a cancellation claim with the USTPO. The cancellation makes the trademark available for them to register and use for their products.
Trademark cancellations also occur when a more successful company realizes the trademark of another company closely matches theirs. The similarities may have been accidental, but the confusion could affect sales or the reputation of a business. A trademark owner can file a claim to have the other trademark canceled to avoid any issues.
When is it Best to Contact a Trademark Cancellation Attorney?
Anyone using a trademark for their business should contact a Trademark Cancellation Attorney if someone plans to file a case to cancel it. If a trademark has not been used continuously for a product currently in the manufacturing stage or on the market, contact an attorney to determine if canceling it is possible. Also, seek legal advice if someone has used a registered trademark illegally. The claim must take place within five years of someone fraudulently registering a trademark. A claim can occur any time for those who discover illegally used trademarks or abandoned ones.
Anyone who receives a notice of a trademark cancellation filing needs to contact an attorney immediately. The USTPO only accepts responses for 40 days after issuing a cancellation. The complexity of the cases makes it difficult to argue them effectively without legal guidance. A lawyer can assist through the discovery phase and at any trial scheduled to decide the matter.
How to Prepare for a Trademark Cancellation Hearing
Anyone that wishes to preserve their trademark registration needs to prepare for the hearing. The defendant must show their past use of the branding or present evidence of the future use of the trademark. The defendant must have a set date and manner for using the registered word or image and show proof of the legitimacy of their plans. A Trademark Cancellation Law Firm can help to explain what documents and other evidence will convince the court to refuse the cancellation request.
Contact Trademark Cancellation Attorney, Francelina M. Perdomo Klukosky for a Case Assessment
The team at Perdomo Law are professionals who understand trademark cancellation and oppositions and all laws relating to trademark licensing. A case assessment allows those interested in defending their trademark to learn more about their rights. An attorney can determine the best approach to either canceling or preventing the cancellation of a trademark. Contact the Perdomo Law Firm to schedule an appointment or for more information.
Please contact us for a case assessment.
Additional References
Perdomo Law
1270 Avenue of the Americas
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New York NY 10020
Phone: (212) 980-7206
Suite 2005
New York NY 10020
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