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ARTICLE · 21 MARCH 2019

USPTO: Launch Of Expedited Cancellation Pilot Program

Fross Zelnick Lehrman & Zissu, P.C.
Fross Zelnick Lehrman & Zissu, P.C.
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Fross Zelnick Lehrman & Zissu, P.C.

Fross Zelnick Lehrman & Zissu, P.C.

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In June 2017, the United States Patent and Trademark Office ("USPTO") proposed streamlined cancellation procedures in an effort to save practitioners and trademark owners both time and money.

United StatesIntellectual Property
Fross Zelnick Lehrman & Zissu, P.C.
Fross Zelnick Lehrman & Zissu, P.C.
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In June 2017, the United States Patent and Trademark Office ("USPTO") proposed streamlined cancellation procedures in an effort to save practitioners and trademark owners both time and money. In January 2019, that vision became a reality when the USPTO announced the launch of its Expedited Cancellation Pilot Program (the "Pilot Program"). The program—which is limited to cancellation proceedings based on abandonment or nonuse—combines the current cancellation process with existing Accelerated Case Resolution ("ACR") procedures. Through this Pilot Program, the USPTO hopes to study how these pre-existing ACR mechanisms can help streamline cancellation proceedings.

ACR is an expedited alternative to a traditional cancellation or opposition proceeding that involves full discovery, trial, and briefing. Introduced in 2007 when the Trademark Trial and Appeal Board (TTAB) amended its rules to adopt a mandatory disclosure model similar to the one used by U.S. federal courts,

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