What does trademark decision Petition To Cancel Denied mean?

Did your office action contain a notice stating the trademark decision petition to cancel denied? A trademark refers to a legally registered symbol or logo identifying the manufacturer or distributor of a novel or subsisting product. Once registered, the proprietor of a trademark is vested with exclusive rights flowing from it. The owner of the trademark can vindicate rights conferred therein by legally restraining infringement from third parties who purport to hold out similar logos for products or services in the course of trade without a sub-license or concurrent consent. The law obligates the trademark owner to affordother parties reasonable time and information to lodge a petition to cancel or revoke the registration.

“The trademark law decision “Petition To Cancel Denied”connotes the dismissal or rejection of the opposing party’s application seeking to impugn a trademark.”

Cancellation Proceedings

A trademark decision petition to cancel denied is a  form of pleading in intellectual property litigation where the petitioner seeks the annulment of a registered trademark. In the eyes of the law, a mark or symbol with potential to create unconscionable advantage or detriment to other traders or proprietors does not meet the requirements for registration. The substantial percentage of petitions to cancel registered trademarks posits that the application should be declined because it will stir confusion with the petitioner’s mark. Cancellation will also be granted due to generic character of the trademark, misleading or disparaging marks, public policy, immoral or indecent matter, deceptive indicia, and use of names or portraits of persons without consent among other reasons.

Trademark Decision Petition To Cancel Denied Meaning

In the US, the Trademark Trial and Appeal Board (TTAB) will adjudicate the petition to cancel a registered or pending trademark application. The Petition to Cancel should furnish a concise and clear statement of the grounds demonstrating the petitioner’s damage if the mark is registered. On receiving the petition, the TTAB reviews the germane law pertaining to the use and registration of trademark and intrinsic factors touching on the matter. Failure to comply with procedural laws laid down in the Trademark Board Manual of Procedure or filing of applications based on frivolous or tenuous grounds leaves the TTAB with no other option but to decline the petition. Thus, the decision “Petition To Cancel Denied” means that the TTAB board decided to dismiss or reject the opposing party’s application seeking to call into question a trademark.