307.01 Petition That May Be Filed At Any Time After Registration
A petition to cancel a registration may be filed at any time in the case of a registration issued on the Supplemental Register under the Act of 1946, 15 U.S.C. § 1051 et. seq., or under the Act of 1920. A petition to cancel may also be filed at any time in the case of a registration issued under the Act of 1881 or the Act of 1905 which has not been published under Trademark Act § 12(c), 15 U.S.C. § 1062(c). [ Note 1.]
In addition, a petition to cancel any registration may be filed at any time on any ground specified in Trademark Act § 14(3) orTrademark Act § 14(5), 15 U.S.C. § 1064(3) or 15 U.S.C. § 1064(5). [ Note 2.]
As permitted by Trademark Act § 14(3), 15 U.S.C. § 1064(3), a petition to cancel may be filed at any time on grounds that, for example, the mark has been abandoned; the registration was obtained by fraud; the mark is generic; the mark is geographically deceptive, [ Note 3.],or disparaging, or falsely suggests a connection with a person’s name or identity, [ Note 4.], the mark comprises matter that, as a whole, is functional [ Note 5.], or the mark comprises the flag of the United States [ Note 6.], or the name of a living individual without the individual’s consent. [ Note 7.]
The filing date of the petition is the date of receipt in the Office of the petition, with proof of service and the required fee. [ Note 8.] However, if the petition is filed by the "Priority Mail Express® Post Office to Addressee" service of the United States Postal Service ("USPS") in accordance with 37 CFR § 2.198, then the filing date of the petition is the date the petition was deposited with the USPS. [ Note 9.]
For additional information on selected grounds for opposition and cancellation, see TBMP § 309.03(c).
For information on filing fees, see TBMP § 308. For information on service requirements, see TBMP§ 309.02(c).
NOTES:
1. See Trademark Act § 14 and Trademark Act § 24, 15 U.S.C. § 1064 and 15 U.S.C. § 1092; 37 CFR § 2.111(b).
2. See Trademark Act § 14 and Trademark Act § 24, 15 U.S.C. § 1064 and 15 U.S.C. § 1092; 37 CFR § 2.111(b).
3. See Trademark Act § 2(a), 15 U.S.C. § 1052(a). Cf. Caymus Vineyards v. Caymus Medical Inc., 107 USPQ2d 1519, 1524-25 (TTAB 2013) (registration over five years old may not be challenged on a ground that is available only when the registration is less than five years old); Western Worldwide Enterprises Group Inc. v. Qinqdao Brewery, 17 USPQ2d 1137, 1139 (TTAB 1990) (registration over five years old may not be challenged on ground that mark is geographically descriptive under Trademark Act §2(e)(2), 15 U.S.C. § 1052(e)(2)).
4. See Trademark Act § 2(a), 15 U.S.C. § 1052(a).
5. See Trademark Act § 2(e)(5), 15 U.S.C. § 1052(e)(5).
6. See Trademark Act § 2(b), 15 U.S.C. § 1052(b).
7. See Trademark Act § 2(c), 15 U.S.C. § 1052(c).
8. See 37 CFR § 2.111(c)(4).
9. See 37 CFR § 2.198.