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By J.D. Houvener
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.

About the Author
J.D. Houvener is a Registered USPTO Patent Attorney who has a strong interest in helping entrepreneurs and businesses thrive. J.D. leverages his technical background in engineering and experience in the aerospace industry to provide businesses with a unique perspective on their patent needs. He works with clients who are serious about investing in their intellectual assets and provides counsel on how to capitalize their patents in the market. If you have any questions regarding this article or patents in general, consider contacting J.D. Houvener at https://boldip.com/contact/