On Cancellation of Marks & Designs
The reasons for commencing a cancellation action range from having to deal with a direct competitor, a registration granted incorrectly, the mark is generic or merely descriptive, the mark is not being used, the mark granted with fraud, and other reasons not listed here due to space restraint. The process to cancel a registration is inherently litigious and sophisticated but also common practice for trademark attorneys and well worth proven to companies embarked on this type of process when handled properly.
The law punishes those who do not use a mark and rewards those who promote commerce seeking to use the mark under dispute. If the grounds for cancellation is non-use then the mark can be cancelled in part or in full, all contingent to the goods and services registered. When a mark is cancelled, the ex-owner of the mark loses the benefits of registration in case they wish to bring an infringement lawsuit. Yes, in the IP world if you do not use it you lose it.
If you are considering cancelling someone else’s trademark, then let’s talk, and if a cancellation action has already been filed against you then you may still have options to avoid cancellation.