Loren Donald Pearson

Loren Donald Pearson is a Registered Patent Attorney and a Florida Bar Board Certified Intellectual Property Attorney.  He is a partner at Assouline & Berlowe, PA and leads its intellectual property group.  Read his profile

Trademark Cancellation

Petitioners can cancel a trademark registration if the registration should never have been issued.

  1. Within five years from the date of the registration, a senior user can petition to cancel a junior user's registration.
  2. If a registered mark becomes the generic name for the goods or services, or is functional, or has been abandoned, or its registration was obtained fraudulently.

For petitioners (i.e. plaintiffs) we clear junior users from the registrar so that the petitioner can register its trademark.  Cancelling a trademark removes uncertainty of potential liability for some trademark users.

For registrants, we defend against cancellations and asserts defenses to maintain the registration.