TTAB Litigation: Cancellation Proceedings

Summary

This practice note discusses trademark cancellation proceedings at the Trademark Trial and Appeal Board (TTAB or Board) of the U.S. Patent and Trademark Office (USPTO), including timing and other considerations, grounds for cancellation, the requirement of standing, and the steps a petitioner must take to commence a cancellation proceeding. The note also discusses defenses that are commonly alleged in cancellation proceedings, which are important to bear in mind before drafting a petition to cancel.