Patent Attorney and Founder
Question:
I have a trademark pending, and a large company will oppose it if I don’t cancel. I’ve decided to withdraw. What’s the process to cancel my trademark?
Answer:
Matt: Assuming your trademark application was actually opposed at the Trademark Trial and Appeal Board (TTAB), you will need the Court’s permission at TTAB to withdraw your application at the USPTO. Typically, there’s a joint agreement between the parties that settles the terms, such as withdrawing the application and closing the case. You request this from TTAB.
Matt: If an official opposition hasn’t been filed yet, you might be able to handle it informally by submitting a withdrawal notice to the USPTO through the online form (TEAS). In exchange, the third party would hold you harmless for any conceivable damages.