PETITION TO CANCEL BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
Reg. No. [#######] for [MARK] (Classes [#])
Registration Date: [DATE]
PARTIES
- Petitioner: [Name, Entity, Address] (owner of [Petitioner Marks/Registrations Nos.]).
- Registrant: [Name, Entity, Address].
STANDING
- Petitioner is damaged by the continued registration because [overlapping goods/services/channels/customers; current/future use].
GROUNDS FOR CANCELLATION
- Abandonment/Nonuse (§ 14): Registrant discontinued use with intent not to resume; [facts, lack of bona fide use].
- (Optional) Likelihood of Confusion (§ 2(d)): Petitioner’s use/registration predates Registrant; marks are similar; goods/services related.
- (Optional) Descriptiveness/Genericness (§ 2(e)): Mark is merely descriptive/generic; lacks secondary meaning.
- (Optional) Fraud: Registrant knowingly made false material statements to the USPTO with intent to deceive (plead with particularity).
- (Optional) False Suggestion of Connection (§ 2(a)): [Facts].
FACTS SUPPORTING CLAIMS
- Petitioner’s first use dates, registrations, and current use.
- Registrant’s alleged use/nonuse; specimens; marketplace presence; evidence of discontinuance; third-party use.
- Comparative analysis of marks, goods/services, channels, consumer sophistication.
PRAYER FOR RELIEF
- Cancel Registration No. [###] in its entirety (or specify classes).
- Grant such other relief as the Board deems just.
SIGNATURE BLOCK
[Attorney name, firm, address, email, phone]
Date.