T.M.E.P. § 1607
Cancellation of Registrations Under ¤¤14 and 37 of the Trademark Act

Executive summary:

This document contains one section of the Trademark Manual of Examining Procedure (the "TMEP"), Fourth Edition (April 2005). This page was last updated in June 2007. You may return to one either the section index, or to the key word index. If you wish to search the TMEP, simply use the search box that appears on the bottom of every page of BitLaw--be sure to restrict your search to the TMEP in the pop-up list.

For more information on trademark law, please see the Trademark Section of BitLaw.

Previous Section (§1606.15) | Next Section (§1608)

1607 Cancellation of Registrations Under §§14 and 37 of the Trademark Act

A petition to cancel a registration owned by another party may be filed with the Trademark Trial and Appeal Board under §14 of the Trademark Act, 15 U.S.C. 1064. See TBMP §§303, 307, 308, and 309, for the requirements and fees for filing a petition to cancel a registration. The petition can be filed through the Electronic System for Trademark Trials and Appeals ("ESTTA") at http://estta.uspto.gov/.

See TMEP §1608 regarding the voluntary surrender of one's own registration for cancellation.

Registrations can also be cancelled under §37 of the Trademark Act, 15 U.S.C. 1119, pursuant to the final order of the court in an action involving a registered mark. The party who has prevailed in the civil action must submit a certified copy of the court order or decree to the Office of the Solicitor of the USPTO. See TMEP §1610.