File your trademark with a licensed attorney and enjoy a 99.3% success rate, backed by a 100% money-back guarantee
Responses to Office ActionsOvercome legal objections with tailored responses from experienced professionals. Available standalone or as part of select packages.
Trademark monitoringStay ahead with proactive alerts about newly filed conflicting trademarks before they impact your brand
Trademark Search and AssessmentEnsure your brand is registrable with a comprehensive trademark search and expert trademarkability assessment
Opposition proceedingsDefend your trademark with strategic expertise to protect your brand from challenges during the registration process
International Trademark FilingExpand your brand protection globally with trademark filings anywhere in the world
File your trademark with a licensed attorney and enjoy a 99.3% success rate, backed by a 100% money-back guarantee
Ensure your brand is registrable with a comprehensive trademark search and expert trademarkability assessment
Overcome legal objections with tailored responses from experienced professionals. Available standalone or as part of select packages.
Defend your trademark with strategic expertise to protect your brand from challenges during the registration process
Stay ahead with proactive alerts about newly filed conflicting trademarks before they impact your brand
Expand your brand protection globally with trademark filings anywhere in the world
Defend or Challenge Trademarks with Expert Cancellation Proceedings
Trademark cancellation proceedings allow interested parties to remove unused trademarks—often referred to as "dead wood"—from the register before their formal expiration, ensuring the trademark register remains active and relevant. We can help you navigate cancellation proceedings and keep the trademark register clear and effective.
Trademark laws of most jurisdictions, including the U.S. and Canada, offer the trademark cancellation process to allow interested parties to remove unused trademarks from the register before they are due to formally expire. Such unused trademarks are often called "dead wood."
There are two main ways trademark cancellation proceedings are used: as a shield and as a sword. Let's start with using cancellation proceedings as a sword. This happens when our clients want to register a trademark, but the trademark office cites an existing trademark that is too similar. To overcome this, we can cancel the conflicting trademark, making it inactive so it no longer poses a threat.
For example, when Trademark Factory® filed its trademark in 2013, we faced an office action due to a prior trademark for Patent Factory. Although we didn't think they were too similar, the Trademarks Office did. The Patent Factory trademark was registered by a sole practitioner who had passed away, so naturally, he wasn't using the trademark.
Normally, a trademark needs to not have been used for three consecutive years before you can cancel it. Or, as was in our case, you need to prove that the registrant is not using it now and has no imminent plans to restart use any time soon.
By filing a cancellation petition, we successfully canceled the Patent Factory trademark, allowing us to register the Trademark Factory® trademark.
On the other hand, you may be involved in using trademark cancellation proceedings as a shield if someone challenges your trademark, claiming you haven’t used your brand for three consecutive years. In this case, you will need to provide solid evidence showing that your trademark is actively used for your products or services. This must be done correctly to avoid losing your trademark rights. We've seen instances where a trademark owner lost their trademark not because they weren't using it, but because they didn't know how to properly defend it. Our experienced attorneys ensure that if you are using your trademark, it stays protected and on the register.
What is included in our trademark cancellation proceedings service:
Unmatched Transparency
Our all-inclusive service and flat fee are designed to deliver exceptional value, making trademark protection accessible and affordable without compromising on quality
Risk-Free
When you choose us, you're not just getting a service; you're investing in a proven partner dedicated to achieving successful trademark registrations
Personalized Support
From the moment you start working with us, we provide clear, step-by-step guidance and ensure you understand every detail of your application. We pride ourselves on honest communication, so you'll always know what stage your trademark is at, any potential challenges, and what we're doing to overcome them.
