T.M.E.P. § 1608
Surrender of Registration for Cancellation

Executive summary:

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1608 Surrender of Registration for Cancellation

The owner of a registration may voluntarily surrender his or her registration for cancellation, under §7(e) of the Trademark Act, 15 U.S.C. 1057(e). There is no fee.

A request to surrender a registration must be signed by the owner or owner's attorney. 37 C.F.R. 2.172.

Filing a §8 affidavit or §9 renewal application for fewer than the total number of classes in the registration is regarded as a surrender of the registration as to the class(es) that are omitted.

Unless the registration is the subject of a cancellation proceeding before the Trademark Trial and Appeal Board, a request for surrender is handled by the Post Registration Section of the USPTO. See TBMP §602.02(a) as to the voluntary surrender of a registration that is the subject of a cancellation proceeding before the Board.

If the registration is surrendered in its entirety, the USPTO updates its records accordingly, and sends the owner of record a notice that the registration is cancelled.

If fewer than all classes are surrendered, the USPTO enters a notation in the record, and updates its automated records to indicate that specified classes have been cancelled under §7(e) of the Act. A certified copy of the updated registration certificate may be obtained from the Certification Division of the Office of Public Records for a fee. See TMEP §111.

A request to surrender a registered extension of protection of an international registration to the United States may be filed either directly with the IB or with the USPTO. See TMEP §§1906 et seq. regarding requests to record changes at the IB, and TMEP §1906.01(e) regarding renunciation, limitation or cancellation of an international registration.