SUGGESTED FORMAT FOR PETITION TO CANCEL

(USPTO Trademark Registration)

(found at http://www.uspto.gov/web/forms/newform.pdf)


(This is a suggested format for preparing a Petition to Cancel a trademark registration.  This document is not meant to be used as a form to be filled in and returned to the Board.  Rather, it is a suggested format, which shows how the petition should be set up. Petitioners may follow this format in preparing their own petition but need not copy those portions of the suggested format which are not relevant.)


IN THE UNITED STATES PATENT AND TRADEMARK OFFICE

BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

In the matter of trademark registration No..............................

For the mark...............................................................................

Date Registered ...........................................................................


(Name of petitioner)

              v.

(Name of registrant)


PETITION TO CANCEL

       State petitioner's name, address, and entity information as follows:

(1)

                            (Name of individual as petitioner, and business trade name, if any;

                    ______________________Business address)__________________


OR                            (Name of partnership as petitioner; Names of partners;

                    ____________Business address of partnership)__________________


OR               (Name of corporation as petitioner; State or country of incorporation;

                    ___________Business address of corporation)___________________


The above-identified petitioner believes that it/he/she will be damaged by the above-identified registration, and hereby petitions to cancel the same.(2)


The grounds for cancellation are as follows:

[Please set forth, in separately numbered paragraphs,

the allegations of petitioner’s standing and grounds for cancellation.](3)


By ________(Signature)(4)________ Date____________________

(Identification of person signing)(5)


FOOTNOTES

(1) If petitioner is an individual, state the petitioner's name, business trade name, if any, and

business address.  If petitioner is a partnership, state the name of the partnership, the names

of the partners, and the business address of the partnership.  If petitioner is a corporation,

state the name of the corporation, the state (or country, if petitioner is a foreign

corporation) of incorporation, and the business address of the corporation.  If petitioner is

an association or other similar type of juristic entity, state the information required for a

corporation, changing the term "corporation" throughout to an appropriate designation.

(2) The required fee must be submitted for each party joined as petitioner for each class

opposed, and if fewer than the total number of classes in the application are opposed, the

classes opposed should be specified.

(3) Set forth a short and plain statement here showing why the petitioner believes it/he/she

damaged by the registration, and state the grounds for cancellation.  Each

numbered paragraph should be limited, as far as practicable, to a

statement of a single set of circumstances.  See Rules 8(a) and 10(b) of the Federal Rules

of Civil Procedure.

(4) The petition need not be verified, and may be signed by the petitioner or by the

petitioner's attorney or other authorized representative.  If an petitioner signing for itself is a

partnership, the signature must be made by a partner; if an petitioner signing for itself is a

corporation or similar juristic entity, the signature must be made by an officer of the

corporation or other juristic entity who has authority to sign for the entity and whose title

is given.

(5) State the capacity in which the signing individual signs, e.g., attorney for petitioner,

petitioner (if petitioner is an individual), partner of petitioner (if petitioner is a partnership),

officer of petitioner identified by title (if petitioner is a corporation), etc.


REPRESENTATION INFORMATION

  If the petitioner is not domiciled in the United States, and is not represented by an

attorney or other authorized representative located in the United States, a domestic

representative must be designated.

  If the petitioner wishes to furnish a power of attorney, it may do so, but an attorney

at law is not required to furnish a power.



NoticeOfOpposition.com

 

Call 1-651-500-7590 or email WP@NJP.legal for Responses to Office Actions; File or Defend an Opposition or Cancellation; Trademark Searches and Applications; Send or Respond to Cease and Desist Letters.

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