TMEP 1609.08: Effect of Amendment of Registration on Limitation of Grounds for Cancellation of a Registration

October 2017 Edition of the TMEP

Previous: §1609.07 | Next: §1609.09

1609.08    Effect of Amendment of Registration on Limitation of Grounds for Cancellation of a Registration

Section 14 of the Trademark Act, 15 U.S.C. §1064, limits the grounds that a third party can raise in a petition to cancel a mark registered on the Principal Register when the petition is filed more than five years after the date of registration.

Ordinarily, the five-year period runs from the date of the registration of the mark for a registration issued on the Principal Register under the Act of 1946, and from the date of publication under §12(c) of the Act for registrations issued under prior Acts and published under §12(c) of the Act of 1946, 15 U.S.C. §1062(c).

However, when a registration has been amended, the five-year period runs from the date of the amendment, to the extent that the amendment of the registration has in any way enlarged the owner’s rights, as though the registration had issued on the date of the amendment. See TBMP §307.02(c)(2).