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question.jpgIn Trademarks

Can a trademark be canceled?

A trademark which has been federally registered on the Principal Register or the Supplemental Register can be canceled in certain situations. So when a party is seeking to use a mark which is currently registered, or believes that it is or will be damaged by a registered mark, they can seek to have the mark in question canceled if there is a valid ground for the mark’s cancellation. A cancellation is initiated by the party seeking cancellation filing with the Trademark Trial and Appeal Board, a division of the Patent and Trademark Office. This will begin the process of a cancellation proceeding, which is similar to a trial. If the party is successful in the cancellation proceeding, the registered trademark will be canceled and others are free to attempt to establish their own rights in the mark.