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; 37 C.F.R §2.111. See TBMP §§303, 307 308, and 309, for the requirements and fees for filing a petition to cancel a registration.
The petition to cancel must be filed through the Electronic System for Trademark Trials and Appeals ("ESTTA") at http://estta.uspto.gov/. 37 C.F.R. §2.111(c)(1). If ESTTA is unavailable due to technical problems, or when extraordinary circumstances are present, a petition to cancel may be filed in paper form. 37 C.F.R §2.111(c)(2). The paper petition to cancel must be accompanied by a petition to the Director under 37 C.F.R. §2.146, with the required fees and a showing that ESTTA was unavailable because of technical problems or that extraordinary circumstances are present. Id.
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.