The USPTO will cancel a trademark usually for a lack of use or by request. Between the fifth and sixth years after a trademark has been registered, the owner will be required to file maintenance documentation with accompanying fees. Failure to do so will render a trademark abandoned and the trademark registration will be automatically cancelled by the USPTO for a lack of use. If a party contests the use of a trademark in commerce because its use causes damage to the one contesting the mark, the USPTO will allow the one contesting the use of a mark to file a Petition to Cancel the trademark. If the cancellation petition goes uncontested, the mark will be cancelled.
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