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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 111449
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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If a trademark has already been issued by the USPTO

Customer Question

If a trademark has already been issued by the USPTO (Kinectus) and we feel it directly competes and infringes on our trademark of Connectus both in sound and market, and we want to submit a notice of opposition or request for cancellation of mark, what is the process or most likely best solution to get the USPTO to cancel the registration?
Submitted: 11 months ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

You have to file a petition to cancel trademark with the US Patent and Trademark Office of Appeals. Here is a sample petition to cancel trademark which you can use as a sample template to draft your petition to cancel this mark you believe infringes on your mark: https://www.eff.org/document/petition

You file the petition to cancel mark with the USPTO Trial and Appeal Board: http://www.uspto.gov/trademarks-application-process/trademark-trial-and-appeal-board-ttab

You serve the other party with the petition and summons and they have to file an answer to the trial and appeal board and then the board will hear the case and rule on your claim.

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