What is the Cost of a Trademark Cancellation Proceeding?

cost of trademark cancellation

The entire cost of a trademark cancellation can sometimes be minimal and affordable.  Other times, it can be ridiculously expensive and prohibitive.  Now, you’re probably wondering how that could possibly be the case.  Well, the reason is because there are countless factors that greatly impact the cost of pursuing or defending a trademark cancellation.  For example:

  • Whether you’re the petitioner or the registrant
  • Whether you choose to retain an attorney
  • Whether the cancellation raises complex or novel issues of law or fact
  • The number of grounds for cancellation pleaded by the petitioner
  • The amount of effort and time you’re prepared to invest in the cancellation proceeding
  • Whether the parties can privately resolve the trademark cancellation and how long it takes to reach a settlement

Although you’re certainly in control of some of these factors, many of them you have little or no control over.  And when you don’t have control over the proceeding, the ability to calculate the total cost of a trademark cancellation can quickly become an exercise in futility.

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How Do I Answer a Petition for Cancellation?

Answer a Petition for Cancellation

If you’ve stumbled across this article, you probably find yourself needing to answer a petition for cancellation that’s been filed against your trademark registration.  As you may know, a trademark cancellation is filed with the Trademark Trial and Appeal Board (TTAB) for the purpose of challenging the continued federal registration of your trademark.  Unless you have legal grounds for filing a motion to dismiss the cancellation (which is pretty rare), the first thing you’ll need to do after the TTAB institutes the cancellation proceeding is to draft and submit an answer.

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What is a Trademark Cancellation? How Do I Cancel a Trademark?

A trademark cancellation is a legal challenge to the continued registration of a particular trademark.  A trademark cancellation is instituted by filing a petition for cancellation with the Trademark Trial and Appeal Board (TTAB) and paying the required fee.  In most cases, a cancellation must be filed within five years of the date that the trademark registration issued.  However, there are some limited circumstances under which a trademark registration may be canceled at any time.  There are a few thousand trademark cancellations filed every year, which is really only a tiny fraction of the number of trademark registrations that are granted every year by the United States Patent and Trademark Office (USPTO).

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