Can trademarks be cancelled?

Cancel Trademark Trademark Law Intellectual Property

Can trademarks be cancelled?

Yes. The Trademark Office, on its own or at the behest of others, may initiate proceedings to cancel a trademark that was improperly obtained.

The Federal Trade Commission (FTC) has the statutory power to cancel trademarks it finds generic or prohibit the use of trademarks it finds constitute false advertising. However, in 1980, Congress denied the FTC appropriations to proceed with a cancellation for generic reasons when it sought to cancel the “Formica” trademark. This stricture has been continually renewed since then.

The Food and Drug Administration also has the authority to prohibit the use of trademarks it finds illegal under the Food and Drug Laws.

Marks will be canceled after registration for failure to use and failure to file a paper between the fifth and sixth year of the mark indicating continuous use of the mark.

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