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

This is the October 2015 Edition of the TMEP

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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 cancellation 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.