---
title: "Map non-use evidence for a trade mark cancellation petition"
url: "https://ailawframework.com/practice/intellectual-property-patents-trade-marks-copyright-designs/apply-to-remove-a-registered-trade-mark-for-non-use/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A23-Y20261018-1-US"
practice_area: "Intellectual Property — Patents, Trade Marks, Copyright, Designs"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Map non-use evidence for a trade mark cancellation petition

> 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.

Canonical page: https://ailawframework.com/practice/intellectual-property-patents-trade-marks-copyright-designs/apply-to-remove-a-registered-trade-mark-for-non-use/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Intellectual Property — Patents, Trade Marks, Copyright, Designs](https://ailawframework.com/practice/intellectual-property-patents-trade-marks-copyright-designs.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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 | United States |
| Applies to | [Apply to remove a registered trade mark for non-use](https://ailawframework.com/practice/intellectual-property-patents-trade-marks-copyright-designs/apply-to-remove-a-registered-trade-mark-for-non-use.md) |

## Checking plan

- What the AI does: 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.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- A gap in the documents is not abandonment. Section 1127 defines abandoned. It was not the source of the five-year and at-any-time rules above.
- Section 1064 also states a five-year period from publication under § 1062(c) for certain registrations under the Acts of 1881 and 1905. Read that sentence when the registration is that old.
- Dilution under § 1125(c) is named in § 1064. Open § 1125(c) before you plead it.

## Sources

- [15 U.S.C. § 1064 (cancellation of a registration)](https://www.law.cornell.edu/uscode/text/15/1064) (checked 2026-10-22)
- [15 U.S.C. § 1052 (trademarks registrable on the principal register)](https://www.law.cornell.edu/uscode/text/15/1052) (checked 2026-10-22)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Trade mark non-use evidence schedule](https://ailawframework.com/precedents/intellectual-property-patents-trade-marks-copyright-designs/non-use-evidence-schedule.md) | Form | Yellow | Working schedule of the section 92 grounds, the relevant period, and the documents said to show use or non-use. It is not the removal application and it is not a declaration. |

Signed-in accounts can read the full text of each one.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*