Petition to Cancel a Trademark: Who Can File and When?
Written by JLG - October 7, 2025
Trademarks are not always permanent. If a registered mark is improperly maintained, was registered in bad faith, or conflicts with your legal rights, you may have the option to challenge it through a petition to cancel. This process allows eligible parties to request the removal of a trademark from the federal register.
At Jafari Law Group, we guide businesses, entrepreneurs, and creatives through both defending and filing cancellation petitions. Understanding when and how to file can be the difference between clearing the way for your own mark and being stuck behind a registration that should not have been granted in the first place.
What Is a Petition to Cancel?
A petition to cancel is a legal filing submitted to the United States Patent and Trademark Office (USPTO), specifically to the Trademark Trial and Appeal Board (TTAB). It is a formal request to cancel an existing trademark registration, either in whole or in part.
Unlike trademark oppositions, which are filed during the registration process, cancellation actions occur after a trademark has already been registered.
Who Can File a Petition to Cancel?
Not everyone can challenge a registered trademark. To file a petition to cancel, the party must have a “real interest” in the proceeding and must show that they are or will be harmed by the continued registration of the mark.
This includes:
- Business owners or individuals who believe the mark conflicts with their own unregistered or registered trademark rights
- Competitors whose ability to use or register a mark is being blocked
- Licensees or distributors affected by the mark’s registration
- Consumers or advocacy groups in certain situations (such as when a mark is offensive or misleading)
When Can a Petition Be Filed?
The timing of a petition to cancel depends on the legal grounds being claimed.
Within the First 5 Years of Registration
If the trademark has been registered for less than five years, you may petition to cancel based on a broad range of claims, including:
- Likelihood of confusion with your own mark
- Descriptiveness or genericness
- Fraud in the registration process
- Lack of use in commerce
After 5 Years of Registration
Once a mark has been registered for more than five years, it becomes “incontestable” on many grounds. However, cancellation is still available for limited reasons, such as:
- The mark has become generic
- The registration was obtained by fraud
- The mark has been abandoned
- The mark is functional or immoral or deceptive (in rare cases)
Common Grounds for Cancellation
Here are some of the most common legal reasons to cancel a trademark:
- Abandonment: The owner has stopped using the mark and does not intend to resume.
- Likelihood of Confusion: The registered mark is too similar to yours and causes confusion in the marketplace.
- Genericness: The mark has become the common term for the product or service.
- Fraud: The original applicant knowingly made false statements during registration.
- Non-use: The trademark was not used in commerce prior to registration (or within the required timeframe).
What to Expect in the Cancellation Process
Trademark cancellation is a litigation process before the TTAB. After the petition is filed, the registrant can respond, and the case may involve:
- Discovery (exchange of evidence)
- Depositions
- Motions and legal arguments
- A final decision from the Board
While this process is administrative (not handled in court), it can still be time-intensive and legally complex. Legal representation is highly recommended.
Should You File a Petition to Cancel?
If a registered trademark is blocking your ability to register or use your own mark, or if you believe the registration is improper, a cancellation petition may provide a path forward. However, timing, legal standing, and evidence all matter.
At Jafari Law Group, we evaluate each situation carefully to determine whether cancellation is the right step or if another strategy may be more effective. If you are considering filing or defending against a petition to cancel, we offer a free consultation to discuss your options.
Contact Jafari Law Group to speak with an attorney about your trademark matter today.