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A: There are many reasons to cancel a trademark. The most common reason to cancel a trademark is non-use by the owner. If you have a registered trademark, you must file a form for continued use between the 5th and 6th year of registration. If you fail to file for continued use, your trademark will be cancelled.
Therefore, if you want to cancel a trademark, you can simply not file for continued use when the time arrives. When you fail to file, the United States Patent and Trademark Office (USPTO) will cancel your registration.
On the other hand, the USPTO may cancel a trademark for other reasons. If a trademark is illegally registered, or if it constitutes fraud, the USPTO may take administrative action.
Because trademark rights are subject to continued use in commerce, the non-use in commerce may give third-party rights to file for cancellation. To succeed in cancellation, the third-party must provide specific details to prove that a mark is not in use. Therefore, if you don't use your mark in commerce, and properly maintain your filings with the USPTO, a third-party may be able to cancel your trademark registration.
If you need to defend the cancellation of your trademark, or if you want to ask the USPTO to cancel a registered trademark, you may want to get the professional help of a New York trademark lawyer. An experienced lawyer can advise you on the laws that affect your case, and represent your interests with the USPTO. Because a protected trademark is so integral to a business or franchise's interests, it is critical that you have the resources you need to maintain your rights for your desired trademark.
Contacting a New York Trademark Lawyer
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