What is a trademark cancellation proceeding and how can it be avoided?

A trademark cancellation proceeding is a legal action that can be taken when either the trademark owner or a third-party believes the trademark should not have been issued. The party initiating the action typically asserts that the trademark is either not distinctive or not used in commerce and should therefore be cancelled. In Indiana, for trademark cancellations proceedings to be avoided, the trademark owner must follow certain steps. First, the owner must properly use the trademark in commerce. This means the trademark must be used for the purpose it was registered and is being used in the market. Second, the trademark owner must ensure that only the registered trademark is being used and not other marks that could be confused with the trademark. Third, the trademark owner must monitor use of the trademark and take action if a third-party is infringing on the trademark. Finally, the trademark owner must properly police the trademark in order to make sure the registration is not vulnerable to cancellation proceedings. To do this, the trademark owner must ensure that it is the only party using the trademark and that no other businesses, organizations, or individuals are using the trademark in a confusingly similar manner. The best way to avoid a trademark cancellation proceeding is to be proactive and take steps to maintain and protect your trademark. This means properly using your trademark in commerce, monitoring use of the trademark, and policing the trademark to make sure it is not vulnerable to cancellation proceedings.

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What is a trademark cancellation proceeding and how can it be avoided?

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