TMEP 1904.07(c): Invalidation Resulting From Voluntary Surrender of Registered Extension of Protection

This is the October 2015 Edition of the TMEP

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1904.07(c)    Invalidation Resulting From Voluntary Surrender of Registered Extension of Protection

Invalidation may occur when the holder of a registered extension of protection voluntarily surrenders the registration for cancellation under §7(e) of the Trademark Act. 15 U.S.C. §1057(e). If the registered extension of protection is surrendered in its entirety, the registration will be cancelled in due course. If an acceptable §71 affidavit or declaration is filed for less than all the goods/services in the registered extension of protection, this is regarded as a surrender of the registration as to the good(s)/service(s) that are omitted. The relevant good(s)/service(s) will be deleted from the USPTO’s electronic records for the registration. An updated registration certificate will not issue.

After cancellation, the USPTO will notify the IB that the registered extension of protection to the United States has been invalidated. See TMEP § 1904.07(d) regarding the issuance of the notice of invalidation. See TMEP §1608 for information about surrender of registration for cancellation.