15 USC 1066a - Ex parte expungement

U.S Code last checked for updates: May 02, 2024

§ 1066a.

Ex parte expungement

(a)

Petition

(b)

Contents of petition

A petition filed under subsection (a), together with any supporting documents, shall—

(1)

identify the registration that is the subject of the petition;

(2)

identify each good or service recited in the registration for which it is alleged that the mark has never been used in commerce;

(3)

include a verified statement that sets forth—

(A)

the elements of the reasonable investigation the petitioner conducted to determine that the mark has never been used in commerce on or in connection with the goods and services identified in the petition; and

(B)

any additional facts that support the allegation that the mark has never been used in commerce on or in connection with the identified goods and services;

(4)

include any supporting evidence on which the petitioner relies; and

(5)

be accompanied by the fee prescribed by the Director.

(c)

Initial determination; institution

(1)

Prima facie case determination, institution, and notification

(2)

Reasonable investigation guidance

(3)

Determination by Director

(d)

Ex parte expungement procedures

The procedures for ex parte expungement shall be the same as the procedures for examination under section 1062(b) of this title, except that the Director shall promulgate regulations establishing and governing a proceeding under this section, which may include regulations that—

(1)

set response and extension times particular to this type of proceeding, which, notwithstanding section 1062(b)(3) of this title, need not be extendable to 6 months;

(2)

set limits governing the timing and number of petitions filed for a particular registration or by a particular petitioner or real parties in interest; and

(3)

define the relation of a proceeding under this section to other proceedings concerning the mark.

(e)

Registrant’s evidence of use

(f)

Excusable nonuse

(g)

Examiner’s decision; order to cancel

(h)

Ex parte expungement by the Director

(1)

In general

(2)

Rule of construction

(i)

Time for institution

(1)

When petition may be filed, ex parte expungement proceeding instituted

(2)

Exception

(j)

Limitation on later ex parte expungement proceedings

(1)

No co-pending proceedings

(2)

Estoppel

(k)

Use in commerce requirement not altered

(July 5, 1946, ch. 540, title I, § 16A, as added Pub. L. 116–260, div. Q, title II, § 225(a), Dec. 27, 2020, 134 Stat. 2202.)

cite as: 15 USC 1066a