Map non-use evidence for a trade mark cancellation petition
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- List the registration date the lawyer supplies, the goods or services named in the registration, and each document showing use or a gap in use, with its date and page. State no ground. Write no sentence of the petition.
- What the lawyer must review
- 15 U.S.C. § 1064 allows a person who believes he is or will be damaged, including by dilution by blurring or tarnishment under § 1125(c), to petition to cancel a registration on the principal register on payment of the prescribed fee. The petition may be filed within five years from the date of the registration of the mark under this chapter. It may also be filed at any time if the registered mark becomes the generic name for the goods or services, or a portion of them, for which it is registered, or is functional, or has been abandoned, or its registration was obtained fraudulently or contrary to § 1054 or to § 1052(a), (b) or (c), or if the mark is being used so as to misrepresent the source of the goods or services. If the mark becomes generic for less than all of the goods or services, a petition may seek cancellation for only those goods or services. You choose the ground. Open § 1127 for the definition of abandoned before you plead abandonment from a gap in use.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Consider narrowly defined preparation support after confirming the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Trace every relied-on figure to its source, confirm dates and assumptions, and independently recalculate totals or derived amounts.
- Check the current court or regulator requirements, prescribed form and attachments for the intended document and filing.
- Obtain and inspect the relevant current official register or search result. Confirm identities, interests and the date and scope of the search.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.