A Trademark Cancellation Proceeding is a process where a party may challenge the validity of another party's existing registered trademark if the party believes it is being damaged by said trademark. The purpose a Trademark Cancellation Proceeding is to have the trademark registration cancelled and subsequently removed from the United State Patent and Trademark Office's (USPTO) Principal Register, so that the petitioning party has the freedom to use the mark.
In order to initiate a Trademark Cancellation Proceeding, a Petition for Cancellation must be filed with the United States Trademark Trial and Appeal Board (TTAB). Due to the complex requirements required in the Petition, it is recommended that a Petitioner seeks the help of an experienced Trademark Attorney who can file this document on behalf of the Petitioner.
On the other hand, it can be quite intimidating when a Trademark Cancellation Proceeding is filed against you, as a complete response to the Petition is required, and the entire process can take many months (similar to litigation).
Therefore, whether you want to initiate a Trademark Cancellation Proceeding against another party, or you are the party being challenged, The Iwashko Law Firm can help you get through the process by structuring a strategy that is tailored to your requirements.