Patents & Trademarks Questions for cancellation

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Petition for cancellation questions

Petition for cancellation questions

In Trademark Registration    -  updated on 11/11/2009
I'm putting together a petition for cancellation against the trademark for a computer game, and I have some general questions I could use some help with before filing. I'm doing this alone since I can't afford to pay a lawyer, and I just want to have a few things confirmed by someone with experience.

1. My main claim is that the mark (registered for ~20 years) is generic. I know that a consumer survey is the most helpful tool for proving genericness, but I don't...
sufficient standing to file a petition for cancellation?

sufficient standing to file a petition for cancellation?

In Trademark Registration    -  updated on 11/11/2009
I have a relatively specific question: What the restrictions are on showing sufficient standing in order to file a petition for cancellation of an existing registered trademark?

Is it enough to say something like, "I would like to use the mark in the future without the risk of getting sued", and that's it? Or is it necessary to show proof of actual damages, or documentation of actual ability and intent to use the mark (such as being a business entity with existing pr...
Trademark cancellation?

Trademark cancellation?

In Trademark Ownership    -  updated on 11/11/2009
I own a trademark that I have been using for many years.  I owned a registration for it but did not know that I needed to file a 10 year section 8.  The registration was cancelled.  Even though the registration was cancelled, I have never stopped using the mark.

Now there is another company that has registered the same mark within the last year.  I wasn't familiar with investigating such things so I never opposed it.  Do I still own my trademark?

Is the...
Cancellation Proceeding

Cancellation Proceeding

In Trademark Registration    -  updated on 11/11/2009
Group:

In such a proceeding, it is the senior, unregistered user who brings in the TTAB an action to cancel the junior user.   Does the junior user have to have an identical mark or can it be confusingly similar or some variation that would damage the Plaintiff?

Regards,

pro se petition for cancellation?

pro se petition for cancellation?

In Trademark Registration    -  updated on 11/11/2009
Hello, I am developing a case for a petition for cancellation on an existing registered trademark, and I would like to carry through with it as cheaply as possible. If it is allowed, I would like to act pro se to avoid the cost of hiring an attorney.

I am not a lawyer myself (though I am confident in my ability to argue the case), so I have been looking over the procedural rules to see if this is allowed in Board cases, but I have come across what seems to be unclear or conflicting adv...
Burden of proof in Cancellation of Reg.?

Burden of proof in Cancellation of Reg.?

In Trademark Registration    -  updated on 11/11/2009
Who has burden of proof in a trademark cancellation case? If, for instance the cancellation is based on fraud, is the burden of proof on the plaintiff?
Cancellation of a Trademark

Cancellation of a Trademark

In Expired Trademarks    -  updated on 11/11/2009
At what point is a trademark considered cancelled? Thanks
Trademark Cancellation

Trademark Cancellation

In Trademark Registration    -  updated on 11/11/2009
Does anyone know if you can file a cancellation petition on another's mark based on a liklihood of confusion with a third party's previously used mark.  

Assume that your are harmed by the continued registration of the mark you are trying to cancel.  (i.e. you have standing to file the cancellation)
Trademark Cancellation

Trademark Cancellation

In Trademark Disputes    -  updated on 11/11/2009
I have a friend ( really its not me)  that is trying to use trademark cancellation as a defense against charges of trademark infringment, cybersquatting and unfair competion under Vermont State Laws.  

(IMO he will be found guilty of most of these if his defense fails)  

The trademark ( word mark/ service mark)  in question is "The Way(R)" and an applied for trade mark "The Way Intertnational"

My friend (Pro se) wants  to argue...
Petition of Cancellation Trademarks which include surnames

Petition of Cancellation Trademarks which include surnames

In Trademark Disputes    -  updated on 6/9/2010
Recently a corporation trademarked "XXX's Pizza and Pasta." THe Xs are my family's surname and many members of my family own restaurants specializing in pizza and pasta dishses. The corporation which registered the trademark is not related to my family, and more importantly, none of the individuals associated with the corporation have this surname. We feel that their trademark is a direct impediment to our businesses - some of which have been in operation for more than 30 years - and we i...
Need Help on Trademark modification or cancellation

Need Help on Trademark modification or cancellation

In Trademark Registration    -  updated on 6/23/2010
how do l go about modifiying a trademark name l submitted, if it cannot be done, how do l go about cancelling, having an issue with an individual on the intellectual property of the trademark name.
Trademark Cancellation

Trademark Cancellation

In Trademark Disputes    -  updated on 5/30/2011
In filing a trademark cancellation, does that happen on the civil level and does that have to be filed in the county of where the trademark was originally filed in?
Petition of cancellation

Petition of cancellation

In Trademark Ownership    -  updated on 7/23/2011
Filed a petition of cancellation, the time period of 40 days to answer is over. What happens to the mark after default?
trademark cancellation

trademark cancellation

In Trademark Disputes    -  updated on 2/26/2012
Hi, I have owned a trademark "immortal cosmetics" since 1999. in 2004, i filed my section 8 renewal. On my 10 year, i filled a section 8 and 9 renewal. i thought i was all set and just realized my trademark is marked "dead". Now, their are other co using the mark . what can i do? do i have a common law case/
Status: CANCELLATION PENDING

Status: CANCELLATION PENDING

In Trademark Registration    -  updated on 8/28/2012
Trademark application for COFFEEBERRY shows status = CANCELLATION PENDING What does this status mean? If this trademark eventually gets registered, does it stop me from selling coffee berries and writing it on product label? Thanks, Eugene
what is trademark cancellation section 8 mean

what is trademark cancellation section 8 mean

In Expired Trademarks    -  updated on 8/3/2016
What is cancelled section 8
Can I claim a trademark that says, abandoned/failed to respond and/or cancellation section 8 ?

Can I claim a trademark that says, abandoned/failed to respond and/or cancellation section 8 ?

In Trademark Office Action Responses    -  updated on 12/9/2016
I have a name in mind for my business. I searched it two trademarks displayed the names are either abandoned/failure to respond or cancellation section 8. How do I proceed to acquire those names?