Can You Re-register A Cancel Trademark

canceled trademark

A canceled trademark registration in the United States Patent and Trademark Office (USPTO) is a trademark registration that'south no longer valid. One time a registration is canceled, it's considered dead and cannot be used by the USPTO to refuse registration of a trademark filed by someone else. The owner of a canceled trademark registration loses all of the benefits of trademark registration, and it potentially creates a situation where someone else could register a confusingly like trademark for identical or related products/services.

What Results in a Canceled Trademark Registration?

The USPTO cancels trademark registrations for a number of reasons. For example:

The owner didn't file a proper Section eight Annunciation of Employ
The owner didn't file a proper Section 71 Declaration of Utilize
The possessor didn't file a proper Department 8 and 9 Renewal
The owner didn't properly answer to a post-registration office action
The Trademark Trial and Appeal Board (TTAB) granted a trademark cancellation that was filed against the registration
The owner filed a voluntarily give up of the trademark registration

What Does a Canceled Trademark Registration Mean?

I think information technology'southward much easier to respond this question by discussing what a canceled trademark registration doesn't mean. A canceled trademark registration doesn't mean that the trademark itself isn't in use or that the trademark has been abandoned.

Unintentional Counterfoil

Trademark registrations are often canceled without the knowledge or consent of their owners. This mostly happens considering the owners don't realize that their registrations need to be maintained and renewed periodically to keep them in full force and effect. In addition, sometimes owners of registrations never receive any observe that a third-party has filed a petition for cancellation against their registration (usually because the owners didn't keep their contact information current with the USPTO). If the registration owner doesn't receive find, then obviously the owner can't defend the cancellation. The TTAB then bug a default judgment and grants the cancellation, which results in a canceled trademark registration.

Intentional Cancellation

Conversely, there are times when the possessor of a registration chooses to let the registration to be canceled even though the trademark itself may notwithstanding be in use. For case, possibly the owner doesn't accept the money and resource to defend against a trademark counterfoil. Or, perhaps the owner isn't making enough money from the use of the mark to warrant the maintenance and renewal fees. Or, maybe the owner agreed to voluntarily surrender the registration as part of settling a trademark dispute with some other political party.

What Does Counterfoil Not Tell Us?

Regardless of whether the cancellation is intentional or unintentional, the point is that a canceled trademark registration doesn't tell usa whether or non its owner notwithstanding enjoys common constabulary trademark rights and, if so, how substantial and expansive those common law rights may be.

Can a Canceled Trademark Registration Be Reinstated?

It's extremely difficult to take a canceled trademark registration reinstated. In fact, most the only manner to achieve reinstatement is by proving that the USPTO made an error (east.g. the USPTO didn't procedure a maintenance or renewal document that was timely filed and paid for). Fifty-fifty and so, the request for reinstatement needs to be made within a certain catamenia of fourth dimension later on cancellation of the registration. And then, for all intents and purposes, canceled registrations almost never become agile registrations once again.

If the registration was canceled after the TTAB issued a default judgment and granted a petition for cancellation, the owner of the canceled trademark registration can file a motion to set aside the default judgment. It is within the TTAB's sole discretion whether to grant such a motion, and information technology will normally only do and then if the owner can prove a very expert reason why no respond to the petition for cancellation was filed. If the owner is able to persuade the TTAB to vacate the default judgment, then the canceled trademark registration will be reinstated and the trademark cancellation volition begin again.

Do You Have Questions?

I'yard experienced US trademark chaser Morris Turek. If y'all accept questions regarding a canceled trademark registration you stumbled upon while conducting a trademark search, please experience free to contact me for your completely free consultation. You tin accomplish me past phone at (314) 749-4059, via email at morris@yourtrademarkattorney.com, or past sending me a message using the contact form constitute below. I await forward to speaking with you soon.