When would an expungement or reexamination be available? These two fancy names bear good news for trademark challengers. Anyone thinking of canceling a trademark registration should be encouraged by the Trademark Modernization Act. Known as TMA, the new rules give IP owners more cost-effective ways to attack trademark registrations based on non-use. This post will […]
Articles Tagged: trademark nonuse
How much does a TMA petition for trademark nonuse cost?
What is a TMA petition based on trademark nonuse? Third parties can now file petitions to remove some or all of the non-used goods or services in a trademark registration without going through the more expensive and lengthy process of a TTAB trademark cancellation. Under the Trademark Modernization Act (TMA), a petition may be filed […]
What are nonuse trademark challenges under the Trademark Modernization Act (TMA)?
Why is nonuse of a trademark registration a problem? The US trademark registration system differs from those of foreign countries which do not require usage of their registered trademarks. In the US, a registered trademark must be used continuously on the goods or services identified in the registration. The problem arises when a trademark owner […]
No use of trademark before filing application: What are your options?
Do-It-Yourself Trademark Filings There are several DIY and semi-DIY trademark services offering to help applicants file their trademark applications with the USPTO. In many cases, we see errors jeopardizing the validity of the registration. These mistakes become fatal if not timely corrected. The result is the sacrifice of the validity of the registration in exchange […]