Tuesday, May 16, 2017

Possible Streamlined Trademark Cancellation Proceedings

As part of the effort to improve the integrity of the trademark register, the USPTO is exploring the possibility of a streamlined version of trademark cancellation proceedings before the Trademark Trial and Appeal Board (TTAB). Streamlined proceedings would enable third parties to more efficiently challenge marks they believe are not in use in commerce.

 The streamlined proceedings would:

  • Be limited to the grounds of abandonment and nonuse;
  • Permit discovery only as to standing;
  • Require each party to submit its proof with its pleading; and
  • Move on an accelerated schedule.

Please read the full notice in the Federal Register (82 Fed. Reg. 22517). The notice includes instructions for submitting comments. The comment period is open until August 14.