What are my next steps if my trademark registration has been cancelled?

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There are several scenarios in which a trademark may be cancelled, each with its corresponding recourse:

1. Non-submission of Scheduled Maintenance Documentation: If a trademark is cancelled due to the owner's failure to submit required maintenance documents and fees, the owner cannot request reinstatement of the mark. In this case, the owner must initiate a new trademark application process.

2. Cancellation Due to USPTO Error: Should a cancellation occur because of an error by the Trademark Office, such as not updating the records following a notified address change, the owner has the right to seek reinstatement of the trademark. This can be done by directly requesting reinstatement or filing a petition with the Director of the Trademark Office.

3. Cancellation Resulting from a Third-Party Petition: If a third party successfully petitions to cancel a trademark, the original trademark owner can challenge this decision. The owner has the option to contest the cancellation and request the reinstatement of the trademark.

4. Cancellation Despite Submission of Proper Documentation: In instances where a trademark is cancelled even after the submission of the necessary documents, presumably due to non-receipt at the Trademark Office, the owner can petition for reinstatement. This is contingent upon providing proof that the documents were indeed sent, and that the fault lies with either the postal service or a lapse at the USPTO.