Introduction
Imagine this: you’ve successfully registered your trademark with the USPTO, and your business is growing steadily—only to discover later that your trademark was canceled without your knowledge.
Sounds alarming? Unfortunately, it’s a growing reality due to new USPTO cancellation proceedings like expungement and reexamination introduced by the Trademark Modernization Act.
In this blog, we’ll uncover why your trademark might be canceled without you even knowing, and how to safeguard your brand from silent threats in 2025 and beyond.
How Trademarks Can Be Canceled Without You Knowing
With the expungement and reexamination procedures now in full effect, your trademark can be challenged administratively—even if you never receive formal notice in the way you might expect.
Let’s break it down.
1. Expungement (Never Used in Commerce)
Under USPTO expungement rules, a third party can petition to cancel your trademark if they believe it was never used in commerce in the U.S. for certain goods/services.
- Can be filed 3–10 years after registration.
- You may not know a petition was filed unless you actively monitor your case status.
2. Reexamination (Not in Use at Filing)
The reexamination process allows others to challenge a trademark if it was not in use on or before the filing date.
- Must be filed within 5 years of registration.
- USPTO sends correspondence digitally; if you’re not checking regularly, you could miss it.
3. Failure to Respond to USPTO Notices
Many trademarks are canceled simply because the owner fails to respond to an Office Action or maintenance filing deadline.
This is especially true for:
- Section 8 and 9 renewal requirements
- Specimen correction requests
- Non-use allegations
If you miss a deadline—even unintentionally—your trademark can be canceled.
4. Using a Non-U.S. Attorney (for Foreign Applicants)
If you are a foreign trademark applicant, failure to appoint a U.S. attorney can result in non-compliance, leading to application rejection or cancellation of registration.
Signs Your Trademark Is At Risk
Your trademark may be vulnerable if:
- You filed under intent to use but never followed up.
- You haven’t used your mark consistently across all goods/services.
- You haven’t monitored your USPTO account for updates.
- You haven’t filed maintenance documents at 5 or 10 years.
How to Protect Your Trademark in 2025
1. Monitor Your USPTO Status
Regularly check your application or registration status through the TSDR system.
2. Use Your Mark Continuously
Make sure your mark is in active commercial use on all listed goods/services. Save evidence!
3. File All Maintenance Documents on Time
You must submit:
- Section 8 (Declaration of Use) between years 5–6
- Section 9 (Renewal) every 10 years
- Section 15 (Incontestability) if applicable
4. Work With a Trademark Attorney
An experienced trademark attorney will help you track deadlines, respond to USPTO actions, and defend against expungement or reexamination.
Final Thoughts
With new USPTO procedures in place, your trademark can be canceled without you knowing—especially if you’re not actively managing it. By staying alert, keeping your records updated, and working with the right legal experts, you can protect your trademark in the USA even in this fast-changing legal environment.
Need help tracking or defending your trademark? Reach out to IP Bureau for proactive protection and expert guidance.
