Can I use a trademark that has been Cancelled?
If the trademark has been abandoned, then someone else can freely use the trademark. Therefore, if the above owner who federal registration was cancelled is still using the mark, the owner may be able to sue for infringement. That would be true, even if you believe the mark is invalid because it is generic.
What are the grounds for cancellation or revocation of trademark?
Grounds For Cancellation They are: Trademark registered with the goods and services is done so without any bonafide or genuine intention to use it. Trademark was not in bonafide use for five years from the date of registration, and such period of five years has elapsed.
Can a Cancelled trademark be revived?
A registrant may file a request to reinstate a cancelled or expired registration if the registrant has proof that a USPTO error caused the registration to be cancelled or expired. 37 C.F.R. §2.64(b). The request must be filed using the TEAS Petition to Director form.
What does cancellation of a trademark mean?
A trademark cancellation is a mini-lawsuit filed with the TTAB to attack a trademark registration. Cancellations deal with only registered trademarks, and not pending applications. A third party may seek to cancel a registration in whole or in part.
Can two individuals own a trademark?
Yes, you can trademark something with joint ownership. A trademark can have multiple owners. If two or more parties wish to acquire joint ownership, they may file jointly for the trademark. As with any trademark, a jointly owned trademark must be used to promote or sell goods or services.
What happens to trademark when company closes?
Trademark is an intangible asset to a company, like any kind of asset, it is transferable. So, when a company shuts down, the company could transfer all the trademarks in its name to another company.
Can you challenge a registered trademark?
You may challenge a trademark registration issued by the USPTO by filing a petition to cancel the registration with the Trademark Trial & Appeal Board (TTAB).
Can the registration of a trademark be made to continue perpetually?
Can the Registration of a Trade Mark be made to continue perpetually? (2) 1) Yes. After expiry of Registration a Trade Mark can be renewed only with some changes to it.