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ARTICLE · 08 AUGUST 2018

Clarification: TTAB's Consideration Of Streamlined Cancellation Proceeding Continues

Wolf Greenfield & Sacks
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An informed source has told the TTABlogger that the TTAB has not "withdrawn" any proposal for a streamlined cancellation proceeding (for abandonment and nonuse cases)...

United StatesIntellectual Property
John L. Welch
John L. Welch
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An informed source has told the TTABlogger that the TTAB has not "withdrawn" any proposal for a streamlined cancellation proceeding (for abandonment and nonuse cases) because a proposal (i.e., a Notice of Proposed Rulemaking (NPRM)) was never issued.

The USPTO has explored the possibility of such a streamlined procedure through publication of a Request for Comments in the Federal Register. After comments were received, a roundtable discussion was held at the USPTO.

Preparation of an NPRM has been deferred pending the results of a pilot program intended to: identify the types of cancellation cases involving nonuse or abandonment claims that would be most suited for a streamlined proceeding; and identify the types of procedures that could be employed in such cases, and that would be effective and efficient. There is no timeline for the issuance of an NPRM.

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