Trademark Cancellation Proceedings: Why Registration Is Still Your Best Defense
Trademark disputes don’t always end once a registration certificate is issued. In fact, that’s sometimes when the real trouble begins. One of the most serious threats to your trademark rights is a cancellation proceeding—and if you’re not properly protected, your entire brand could be wiped off the federal register. Below, our friends from Trademark Lawyer Law Firm discuss trademark cancellation proceedings and why registration is a prime defense.
Let’s unpack what cancellation proceedings are, why they’re initiated, and how having a solid trademark registration strategy can make all the difference.
What Is A Cancellation Proceeding?
A cancellation proceeding is a legal challenge filed with the Trademark Trial and Appeal Board (TTAB), asking the USPTO to cancel an existing trademark registration. These actions are often brought by other businesses who believe your registered trademark is invalid or infringing on theirs.
There are several common grounds for cancellation:
- Abandonment (you’re no longer using the mark in commerce),
- Likelihood of confusion with a prior mark,
- Fraud in the original application,
- Genericness or descriptiveness, or
- Lack of bona fide intent to use (for 1(b) applications that were never followed through with actual use).
If the cancellation succeeds, your registration is gone. No more federal protection. No more enforcement power. And in some cases, no more domain names, Amazon listings, or marketplace access tied to that mark.
Why Trademark Registration Still Matters
You might be thinking, “Wait—if a registered trademark can be canceled, what’s the point of registering at all?”
The answer is simple: **registration gives you the legal footing to fight back.**
Yes, a registration can be challenged. But without one, you’re not even in the ring. You’re standing outside the ropes hoping the referee notices you. A federal registration shifts the burden to the challenger. It gives you presumptive nationwide rights and puts the other party in the position of having to prove you did something wrong.
Without a registration, your rights are far weaker—and you can’t be the *defendant* in a cancellation case if you’re not even *on* the federal register.
Avoiding Cancellation Risks
The best defense is a strong offense. That means registering your trademark properly from the beginning and maintaining it with care.
Here’s how to avoid common cancellation traps:
- Use your trademark consistently and in connection with the goods/services listed in your registration.
- Keep records of use —real photos, dated invoices, packaging, website screenshots, and marketing materials.
- Don’t lie on your application.** Ever. Claims about use, ownership, or attorney involvement must be accurate and honest.
- Monitor and respond** to non-use audits and maintenance deadlines. If you don’t file required forms, you open yourself up to cancellation for technical non-compliance.
If You’re Facing A Cancellation
If you’ve received notice of a cancellation proceeding, don’t panic—but don’t ignore it either. The deadlines are strict, and silence can equal surrender. You need to evaluate your registration, your use, and your options fast.
But again, it all starts with one thing: having a trademark registration to defend.
Trademark registration doesn’t make you bulletproof—but it does give you the shield and tools to survive an attack. Cancellation proceedings are serious, but they’re not the end of the world when you’re prepared.
So if you haven’t registered your trademark yet, fix that with the help of a trademark litigation lawyer. And if you already have one, make sure you’re using it, maintaining it, and protecting it properly.