We wanted to share the exciting news that ex parte expungement and reexamination proceedings have resulted in the cancellation of more than 50,000 unused goods and services from the trademark register. We reached this significant milestone a mere three months after canceling 25,000 other unused goods and services using the proceedings, a testament to the efficiency improvements we’ve implemented. 

The majority of cancellations have been in proceedings instituted on the USPTO Director’s own initiative against registrations linked to specimen farms. Some filing firms are creating e-commerce websites to make fake specimens of use to obtain and even maintain registrations for marks that were never actually used in commerce. Of course, for the trademark register to be useful for businesses, consumers, and the U.S. economy, it must accurately reflect marks that are in use in commerce. That’s why we’re committed to using all available resources to continue combatting improper filings and bad faith behavior.  

Ex parte expungement and reexamination proceedings have proven to be effective tools for companies who file petitions to cancel unused goods and services from registrations blocking their path to new business ventures.  

How to request an expungement or reexamination proceeding  

You can petition for expungement or reexamination to challenge a registration with evidence supporting nonuse. In addition to clearing clutter from the trademark register, expungement and reexamination proceedings are often less expensive and quicker than a contested cancellation proceeding before the Trademark Trial and Appeal Board.