Introduction
If you own a registered trademark, you may think your brand is safe—but USPTO expungement and reexamination proceedings could change that. Introduced under the Trademark Modernization Act, these tools allow third parties—or even the USPTO—to challenge a trademark if it’s not being properly used in commerce.
Understanding these new procedures is essential to protect your trademark and avoid cancellation. Let’s dive into what these terms mean and how they could affect your rights.
What is Expungement?
Expungement is a process that allows the USPTO to cancel a registered trademark if the mark has never been used in commerce for one or more of its listed goods or services.
- Timeframe: Can be filed between 3 and 10 years after registration.
- Who can file: Any third party—or the USPTO on its own.
- Purpose: To clear the register of “deadwood” marks that were never used.
Example: If a company registered a trademark for both clothing and electronics, but only ever sold clothing, the “electronics” part of the registration can be expunged.
What is Reexamination?
Reexamination allows the USPTO to cancel a trademark if it was not in use on or before the filing date (or the date a Statement of Use was filed).
- Timeframe: Must be requested within the first 5 years of the registration date.
- Proof required: Must show evidence the mark wasn’t in use when claimed.
Difference from expungement: Reexamination focuses on false use claims at the time of filing, while expungement looks at no use ever.
Why These Proceedings Matter in 2025
With increasing global competition and fraudulent filings, the USPTO is cleaning up the register to make space for real brands. That means your trademark must be:
- Genuinely used in U.S. commerce.
- Accurately described in your application.
- Updated if goods/services are no longer sold.
If not, your registration could be challenged and partially or fully canceled.
How to Protect Your Trademark
Here are practical ways to protect your trademark from expungement or reexamination in 2025:
1. Maintain Accurate Use Records
Keep receipts, shipping records, website screenshots, and marketing materials showing actual use in commerce.
2. Review Your Portfolio Annually
Remove goods or services you’re no longer selling to avoid vulnerability.
3. File Correct Specimens
Avoid stock photos or mockups. Submit only real-world evidence of use.
4. Use a Trademark Attorney
An experienced attorney can help you navigate USPTO trademark proceedings and respond to petitions effectively.
Final Thoughts
Expungement and reexamination are powerful tools introduced to strengthen the U.S. trademark system—but they can also put your trademark at risk if you’re not vigilant. By understanding how these processes work and staying compliant, you’ll be better equipped to protect your trademark in 2025 and beyond.
If you need help reviewing or defending your trademarks, our team at IP Bureau is here to help.
