Rare USPTO Precedent Underscores Strict TM Rules
A precedential decision from the US Patent and Trademark Office rings alarm bells for those who underestimate stringent trademark rules—or fail to get the right advice, as William Stroever of Cole Schotz explains.
On January 24, 2025 the Commissioner for Trademarks at the US Patent and Trademark Office (USPTO) issued a precedential decision cancelling a 2023 trademark registration for failing to respond to an office action issued as part of a reexamination proceeding (Proceeding No. 2023-100866R).
The decision is noteworthy not necessarily for its specific reexamination outcome—a registrant failed to timely prove that it was using its trademark on the registered goods at the relevant dates and the reexamination process functioned as intended, cancelling the registration.
Instead, the decision is noteworthy because it addressed a pro se petition to the commissioner to set aside the reexamination decision. The commissioner’s decision highlights the importance of reaching out for help during the trademark process, as the trademark rules are sometimes harsh.
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As the law continues to evolve on these matters, please note that this article is current as of date and time of publication and may not reflect subsequent developments. The content and interpretation of the issues addressed herein is subject to change. Cole Schotz P.C. disclaims any and all liability with respect to actions taken or not taken based on any or all of the contents of this publication to the fullest extent permitted by law. This is for general informational purposes and does not constitute legal advice or create an attorney-client relationship. Do not act or refrain from acting upon the information contained in this publication without obtaining legal, financial and tax advice. For further information, please do not hesitate to reach out to your firm contact or to any of the attorneys listed in this publication.
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