Invalidating a Trademark vs. Cancellation of a Trademark

Intellectual property attorneys CJ Rosenbaum and David Miller discuss the difference between invalidating a trademark vs. cancellation of a trademark.

Invalidating a Trademark vs. Cancellation of a Trademark

Trademark cancellation is the legal process of removing a registered trademark from the books. This allows the trademark to be registered by another party. Trademark cancellation is a legal argument under the Lanham Act. Its purpose is to allow a party to petition for removal of a trademark from the federal register. To cancel a trademark, the petitioner must prove that the mark will cause harm if it is not canceled. Because the petitioner only has to prove that damages may occur and not that it has occurred, this is not as difficult as it may at first seem.

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