Trademark Application Cancellation refers to the process by which one party (plaintiff) seeks to have trademark registration agreement cancelled. This usually occurs when one party feels that the trademark agreement is not benefiting him or hurting his business in one way or another and is handled in the response to the office action. Any person that feels dissatisfied with the mark is free to file for cancellation petition. Causes of dissatisfaction include business damage as a result of sharing same trademark with another party.One may also go for cancellation if is realized that one party has violated terms of agreement. For example supplying goods in the restricted geographical area or beginning to produce same types of goods and services with similar trademark.
” Trademark Application Cancellation refers to the process by which one party, the plaintiff, seeks to have trademark registration agreement cancelled.”
Cancellation can only occur if registration took place.The plaintiff can seek the services of an attorney to make the process first and easy. Usually, there is a binding agreement that parties sign which must be followed. Therefore cancellation may not be an easy process.That is why a lawyer is needed.
In the United States, you can only file for a petition when a trademark achieves registration. Registration is usually carried out on Supplemental or Principal Registers. The trademark in question should have lasted for more than 5 years. This helps to prevent situations where parties file cancellation petition when it is too early or because of small problems which can be sorted with time.
Here Are Grounds On Which Trademark Application Cancellation Petition Can Be Filed
- If the mark has been abandoned. It may reach a time when one or two parties decide to abandon a mark due to their own reasons. The trademark will therefore lose its purpose and usefulness.
- If the mark contains a national flag symbol of any country in the world.National flag symbols must be respected. They must be used for the right purpose at the right places and not in trademarks.
- If the trademark was obtained illegally.At times, some parties use fraudulent means of registration to acquire trademarks. If this is discovered, the mark will be cancelled .
- Cancellation petition can also be filed if it is realized that the mark is deceptive. Deception is against Federal law and therefore unacceptable.
- Moreover, if the mark is scandalous, a cancellation petition can be filed. A scandalous mark damages the reputation of companies. This prompts the need to cancel it.
- If the mark is used for wrong purposes. For instance to misrepresent the origin or source of product or services of a certain party. This may have a negative impact on sales and subsequently bring down the business.
- If the mark will negatively affect the quality of previous mark used by the company. A particular firm may be having a certain trademark and still decide to adopt a new one. If it is discovered that the new mark is diluting the initial one, a decision can be made to cancel the petition.