Trademark Cancellation Proceedings Before the USPTO (TTAB)
Not all registered trademarks deserve to remain active. Some are abandoned, unused, fraudulently obtained, or too similar to yours. Through Trademark Cancellation Proceedings, you can request that the USPTO revoke a registered trademark via the Trademark Trial and Appeal Board (TTAB). At SARI LAW FIRM, we represent clients across California in both filing and defending cancellations—helping you clear the path for your brand or defend what you’ve built.
What Is a Trademark Cancellation?
A Trademark Cancellation is a legal process to remove a trademark from the federal register. It is initiated after a trademark is registered, unlike an opposition (which occurs before registration). Common grounds for cancellation include: Abandonment – mark is no longer in use; Non-use within 3 years – creates a legal presumption of abandonment; Fraud on the USPTO – false information or specimens; Likelihood of Confusion – with your prior-used or registered mark; Genericness – mark no longer functions as a brand identifier; False association – misleading affiliation with a person or brand; Misuse in commerce – violating use requirements. Cancellation actions are formal legal disputes handled by the TTAB under federal law (15 U.S.C. § 1064).
Our TTAB Cancellation Services
We represent both petitioners and respondents in TTAB cancellation proceedings. 1. Filing a Petition for Cancellation – Determine standing (ownership of a prior mark or legal harm); Gather evidence of non-use, abandonment, or confusion; Draft and file the Petition to Cancel; Manage TTAB litigation: pleadings, discovery, depositions, motions, trial. 2. Defending Against Cancellation – Evaluate the grounds for cancellation; Respond with legal arguments and evidence of valid use; File motions to dismiss or settle strategically; Represent you throughout the discovery and trial process. 3. Strategy & Settlement Support – Explore coexistence, licensing, or consent agreements; Assess whether to file concurrent use applications; Protect your mark without full litigation if possible.
TTAB Cancellation Timeline
Petition to Cancel Filed – Day 0; Answer Due – Within 40 days; Discovery Period – ~6 months; Pretrial Disclosures – As scheduled by TTAB; Testimony & Final Briefing – Follows discovery; TTAB Decision – Typically within 1–2 years. Note: Many cases settle before trial. TTAB decisions are binding but can be appealed in federal court.
When Should You File or Defend a Cancellation?
You may need to file a cancellation if: You want to register a trademark, but an old/abandoned one is blocking you; You discover a competitor registered a confusingly similar mark; You acquired a business and need to clean up legacy IP conflicts; A fraudulent mark is damaging your brand or preventing expansion. You may need to defend if: Someone is trying to cancel your active, valid registration; You received a TTAB Petition to Cancel; Your use was inconsistent or undocumented; You’re negotiating a settlement but want legal backup. We assist clients in Los Angeles, Irvine, Santa Ana, Riverside, San Diego, and across the U.S.
FAQ
Can anyone file a trademark cancellation?
No. You must have legal standing—typically by showing that the registration harms your business or trademark rights.
What happens if I don’t respond to a cancellation?
A default judgment may be entered, and your trademark will be cancelled.
What’s the difference between opposition and cancellation?
Opposition occurs during the application phase (after publication), while cancellation happens after registration.
Can a trademark be cancelled just because it's not in use?
Yes. If it hasn’t been used for 3+ years with no intent to resume, it’s presumed abandoned and is vulnerable to cancellation.
Is this the same as a federal lawsuit?
No. It’s administrative litigation handled by the TTAB. But the outcomes are binding and can be appealed to federal court.
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