To cancel someone else's trademark, you typically follow these steps:
- Review Grounds for Cancellation: Determine valid grounds such as non-use, abandonment, fraud, or genericness.
- Prepare Cancellation Petition: Gather evidence supporting your grounds for cancellation and file a petition with the appropriate trademark office or authority.
- Serve Notice and Respond to Counterclaims: Serve notice to the trademark owner and be prepared to respond to any counterclaims or challenges they raise.
- Attend Hearings or Proceedings: Participate in any hearings or proceedings required by the trademark office or authority.
- Obtain Cancellation Decision: If successful, the trademark will be canceled, but be prepared for potential appeals or further legal steps.
Working with a trademark attorney is advisable for navigating the legal complexities and increasing your chances of success in canceling someone else's trademark.
