Petitions to Cancel Registrations

As discussed in Chapter 4, one who believes that a mark applied for with the PTO will cause damage if it is allowed to proceed to registration may oppose registration of the mark. The notice of opposition must be filed within thirty days of publication of the mark in the Official Gazette. Because this time period is so limited, the Lanham Act also allows one to petition to cancel a registration issued by the PTO.

A petition to cancel is filed by one who believes that continued registration of a mark will cause harm to the petitioner. The grounds on which a registration may be canceled are those that would have prevented registration, including alleging that the mark is scandalous, it comprises a living person's ...

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