Counterclaims for Cancellation of a Federal Trademark Registration

• Category: Federal - Jury Instructions - 11th Circuit - Civil
• State: Multi-State
• Control #: US-JURY-11THCIR-10-4
• Format: Word

Description

Pattern Jury Instructions from the 11th Circuit Federal Court of Appeals. For more information and to use the online Instruction builder please visit http://www.ca11.uscourts.gov/pattern-jury-instructions Counterclaims for Cancellation of a Federal Trademark Registration is a legal procedure in which the owner of a trademark registration defends their trademark against a petition for cancellation of their federal trademark registration. The counterclaim is a written response to the petitioner's allegations that the trademark registration should be cancelled. Generally, there are three types of counterclaims for cancellation of a federal trademark registration: abandonment, fraud, and non-use. Abandonment is a counterclaim for cancellation of a federal trademark registration that states that the trademark owner has discontinued the use of the trademark, and has made no attempt to revive it. The trademark owner must show that the use of the mark was discontinued for at least three consecutive years prior to the filing of the petition for cancellation. Fraud is a counterclaim for cancellation of a federal trademark registration that alleges that the trademark owner knowingly made false statements or misrepresentations in the process of obtaining the trademark registration. This could include false statements about the ownership of the mark, or about the use of the mark in commerce. Non-use is a counterclaim for cancellation of a federal trademark registration that alleges that the trademark owner has not used the mark in commerce for an extended period of time. The trademark owner must show that the mark has not been used for at least three consecutive years prior to the filing of the petition for cancellation. Overall, Counterclaims for Cancellation of a Federal Trademark Registration are a legal process in which the trademark owner responds to a petition for cancellation of their trademark registration. The three types of counterclaims are abandonment, fraud, and non-use.

Counterclaims for Cancellation of a Federal Trademark Registration is a legal procedure in which the owner of a trademark registration defends their trademark against a petition for cancellation of their federal trademark registration. The counterclaim is a written response to the petitioner's allegations that the trademark registration should be cancelled. Generally, there are three types of counterclaims for cancellation of a federal trademark registration: abandonment, fraud, and non-use. Abandonment is a counterclaim for cancellation of a federal trademark registration that states that the trademark owner has discontinued the use of the trademark, and has made no attempt to revive it. The trademark owner must show that the use of the mark was discontinued for at least three consecutive years prior to the filing of the petition for cancellation. Fraud is a counterclaim for cancellation of a federal trademark registration that alleges that the trademark owner knowingly made false statements or misrepresentations in the process of obtaining the trademark registration. This could include false statements about the ownership of the mark, or about the use of the mark in commerce. Non-use is a counterclaim for cancellation of a federal trademark registration that alleges that the trademark owner has not used the mark in commerce for an extended period of time. The trademark owner must show that the mark has not been used for at least three consecutive years prior to the filing of the petition for cancellation. Overall, Counterclaims for Cancellation of a Federal Trademark Registration are a legal process in which the trademark owner responds to a petition for cancellation of their trademark registration. The three types of counterclaims are abandonment, fraud, and non-use.