Trademark cancellations are adversarial proceedings before the Trademark Trial and Appeal Board (TTAB) of the USPTO to defeat the registration of a mark. A trademark opposition seeks to block a mark from registering. A trademark cancellation seeks to cancel a registered mark. Therefore, trademark oppositions relate to pending applications whereas cancellations pertain to registrations.

As an adversarial proceeding, a TTAB trademark opposition or cancellation is basically a mini-lawsuit. While each type of TTAB proceeding includes its own standards, both oppositions and cancellations are squarely focused on the issue of registration. Trademark infringement, for example, is not litigated in a TTAB case.

Except for the optional oral hearing towards the end of the case, there are no in-person court appearances in a TTAB legal action. All arguments, pieces of evidence, and testimonies are submitted in writing for the TTAB to consider. After the submission of legal briefs, the parties have the option of requesting an oral hearing.

A registered trademark carries certain legal presumptions that do not yet apply to a pending application. For example, a registered trademark is presumed valid and protectable. This means that the registration owner has the exclusive right to use the trademark nationwide in connection with the goods or services covered in the registration.

A registration also carries the legal presumption that ownership of the mark belongs to the registration owner, i.e., the registrant. In seeking to cancel a trademark registration, a third party (known as the Petitioner) must overcome such legal presumptions that would not attach to a pending trademark application.

A TTAB proceeding is basically a milder version of trademark litigation. Infringement does not get litigated. There are no court hearings to be attending in person. A TTAB legal action is essentially a mini-lawsuit where the issues litigated are limited to registration. You will not have to pay legal fees for your attorney to appear in court. Mostly everything is litigated in writing and electronically filed.