Expungement and Reexamination Proceedings under the Trademark Modernization Act


Summary

This practice note discusses ex parte expungement and reexamination proceedings at the U.S. Patent and Trademark Office (USPTO). Such proceedings seek full or partial cancellation of federal trademark registrations that do not meet the use in commerce requirements of the Lanham Act. The note discusses the grounds for each type of petition, procedural considerations including time limits and who can file, requirements for investigating and filing petitions, a registrant's options for proving use or otherwise responding to petitions, and how the USPTO processes and examines the petitions.