Trademark Cancellation Attorneys St. Louis MO

Building a strong brand takes time and effort. And discovering an existing trademark registration can create a frustrating roadblock. Trademark cancellations offer a solution – a formal process to challenge existing registrations that threaten your brand’s well-being. Located in St. Louis, Missouri, TM Law is ready to help clients nationwide with trademark cancellations. 

What is a Trademark Cancellation?

Trademark cancellation is a legal process that allows you to challenge a registered trademark and potentially have it removed from the federal register. Trademark cancellation is not a simple process. It involves filing a petition with the USPTO’s Trademark Trial and Appeal Board (TTAB). This petition needs to outline the specific grounds for cancellation and be supported by substantial evidence.

Grounds for Cancellation

Several legal grounds can justify a trademark cancellation. The most common is non-use. If a trademark owner fails to use their mark in commerce for a sustained period, it becomes vulnerable to cancellation. This prevents trademarks from becoming inactive clutter in the system, potentially confusing consumers. The other grounds for cancellations include:

  • Trademark Abandonment: If the owner hasn’t used their trademark for an extended period, it might be considered abandoned. This opens the door for you to cancel the mark and potentially register your own similar mark.
  • Generic Term: Over time, some trademarks become so widely used that they lose their ability to distinguish a brand’s offerings. Take “aspirin” for example, it was once a trademark but is now considered a generic term for a type of pain reliever. If a trademark has become generic, you might be able to cancel it and prevent others from claiming exclusive rights to that term.
  • Likelihood of Confusion: If an existing trademark is too similar to yours and is likely to confuse consumers about your goods or services, you could seek cancellation. This can help protect your brand and avoid potential customer misunderstandings.
  • Fraud: If the registration process involved deception, you may be able to cancel the trademark. You’ll need to present evidence of deception during the registration process.

The owner of the challenged trademark has the right to defend their position. The process becomes a back-and-forth exchange of arguments and evidence until the TTAB reaches a final decision. A successful trademark cancellation clears the path for your own registration and eliminates potential consumer confusion. It’s like removing a roadblock and allowing your brand to move forward unhindered.

Contact TM Law Today for a Free Consultation

Don’t let a problematic trademark hold you back. Contact TM Law today for a consultation. We’ll help you assess your options and determine if trademark cancellation is the right path forward for your brand.