The USPTO has canceled more than 100,000 unused goods and services from trademark registrations, marking a significant milestone in its ongoing effort to keep the federal trademark register accurate and reliable.
The cleanup focuses on goods and services that were never actually used in commerce or were not being used by a required deadline. For businesses applying for or searching for trademarks, an accurate register matters because existing registrations can affect the availability of a proposed trademark.
The USPTO is using expungement and reexamination proceedings to remove goods and services that do not meet the requirements for continued registration.
According to the USPTO, these proceedings have more than doubled in just over a year. Many involve registrations associated with fraudulent or misleading evidence of trademark use, including fake storefronts and websites created to support trademark filings.
The agency’s efforts are part of a broader focus on addressing fraudulent trademark activity and improving the integrity of the federal register.
An unused item being removed from a registration does not automatically mean a trademark is available for someone else to use or register. Other registrations, pending applications, common law use, and the specific goods or services involved can still be relevant.
However, removing goods and services that were never legitimately in use can help make the federal register a more accurate reflection of actual marketplace activity.
That is one reason a comprehensive trademark search should look beyond simply finding an exact match. Reviewing related goods and services, similar marks, pending applications, and other sources of trademark use can provide a more complete picture.
The USPTO notes that most of these proceedings have been initiated by the Director, but trademark owners and other parties may also request an expungement or reexamination proceeding when they have grounds to do so.
The agency’s continued cleanup is another reminder that trademark registrations are tied to actual use and ongoing requirements. For businesses considering a new trademark, conducting thorough research before investing in a brand can help identify potential issues early.
TradeMark Express specializes in comprehensive trademark research to help businesses understand what is already in use before moving forward with a new brand name. Contact us today.
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