US Code

Public Law 119-83 (04/13/2026)

15 U.S.C. § 1064

Cancellation of registration

section 1125(c) of this titleA petition to cancel a registration of a mark, stating the grounds relied upon, may, upon payment of the prescribed fee, be filed as follows by any person who believes that he is or will be damaged, including as a result of a likelihood of dilution by blurring or dilution by tarnishment under , by the registration of a mark on the principal register established by this chapter, or under the Act of , or the Act of :
(1)
Within five years from the date of the registration of the mark under this chapter.
(2)
section 1062(c) of this title Within five years from the date of publication under of a mark registered under the Act of , or the Act of .
(3)
section 1054 of this titlesection 1052 of this title At any time if the registered mark becomes the generic name for the goods or services, or a portion thereof, for which it is registered, or is functional, or has been abandoned, or its registration was obtained fraudulently or contrary to the provisions of or of subsection (a), (b), or (c) of for a registration under this chapter, or contrary to similar prohibitory provisions of such prior Acts for a registration under such Acts, or if the registered mark is being used by, or with the permission of, the registrant so as to misrepresent the source of the goods or services on or in connection with which the mark is used. If the registered mark becomes the generic name for less than all of the goods or services for which it is registered, a petition to cancel the registration for only those goods or services may be filed. A registered mark shall not be deemed to be the generic name of goods or services solely because such mark is also used as a name of or to identify a unique product or service. The primary significance of the registered mark to the relevant public rather than purchaser motivation shall be the test for determining whether the registered mark has become the generic name of goods or services on or in connection with which it has been used.
(4)
section 1062 of this title At any time if the mark is registered under the Act of , or the Act of , and has not been published under the provisions of subsection (c) of .
(5)
At any time in the case of a certification mark on the ground that the registrant (A) does not control, or is not able legitimately to exercise control over, the use of such mark, or (B) engages in the production or marketing of any goods or services to which the certification mark is applied, or (C) permits the use of the certification mark for purposes other than to certify, or (D) discriminately refuses to certify or to continue to certify the goods or services of any person who maintains the standards or conditions which such mark certifies.
(6)
At any time after the 3-year period following the date of registration, if the registered mark has never been used in commerce on or in connection with some or all of the goods or services recited in the registration:
Provided, That the Federal Trade Commission may apply to cancel on the grounds specified in paragraphs (3) and (5) of this section any mark registered on the principal register established by this chapter, and the prescribed fee shall not be required. Nothing in paragraph (5) shall be deemed to prohibit the registrant from using its certification mark in advertising or promoting recognition of the certification program or of the goods or services meeting the certification standards of the registrant. Such uses of the certification mark shall not be grounds for cancellation under paragraph (5), so long as the registrant does not itself produce, manufacture, or sell any of the certified goods or services to which its identical certification mark is applied. Nothing in paragraph (6) shall be construed to limit the timing applicable to any other ground for cancellation. A registration under section 1126(e) or 1141f of this title shall not be cancelled pursuant to paragraph (6) if the registrant demonstrates that any nonuse is due to special circumstances that excuse such nonuse.

July 5, 1946, ch. 540 60 Stat. 433 Pub. L. 87–772, § 976 Stat. 771 Pub. L. 97–247, § 9(b)96 Stat. 320 Pub. L. 98–620, title I, § 10298 Stat. 3335 Pub. L. 100–667, title I, § 115102 Stat. 3940 Pub. L. 105–330, title II, § 201(a)(4)112 Stat. 3070 Pub. L. 106–43, § 2(c)113 Stat. 218 Pub. L. 109–312, § 3(c)120 Stat. 1732 Pub. L. 116–260, div. Q, title II, § 225(b)134 Stat. 2204 (, title I, § 14, ; , , ; , , ; , , ; , , ; , title III, § 301, , ; , , ; , , ; , , .)

Editorial Notes

References in Text

Mar. 3, 1881, ch. 138 21 Stat. 502 Feb. 20, 1905, ch. 592 33 Stat. 724 act July 5, 1946, ch. 540, § 46(a) 60 Stat. 444 Acts and , referred to in opening par. and pars. (2) and (4), are acts , and , , which were repealed insofar as inconsistent with this chapter by , . Act , was classified to sections 81 to 109 of this title.

Prior Provisions

Act Feb. 20, 1905, ch. 592, § 13 33 Stat. 728 , .

Amendments

Pub. L. 116–260, § 225(b)(3)2020—, in concluding proviso, inserted “Nothing in paragraph (6) shall be construed to limit the timing applicable to any other ground for cancellation. A registration under section 1126(e) or 1141f of this title shall not be cancelled pursuant to paragraph (6) if the registrant demonstrates that any nonuse is due to special circumstances that excuse such nonuse.” after “identical certification mark is applied.”

Pub. L. 116–260, § 225(b)(1)Par. (6). , (2), added par. (6).

Pub. L. 109–312section 1125(c) of this titlesection 1125(c) of this title2006— substituted “, including as a result of a likelihood of dilution by blurring or dilution by tarnishment under ,” for “, including as a result of dilution under ,” in introductory provisions.

Pub. L. 106–43section 1125(c) of this title1999— inserted “, including as a result of dilution under ,” after “damaged” in introductory provisions.

Pub. L. 105–330, § 3011998—, inserted at end “Nothing in paragraph (5) shall be deemed to prohibit the registrant from using its certification mark in advertising or promoting recognition of the certification program or of the goods or services meeting the certification standards of the registrant. Such uses of the certification mark shall not be grounds for cancellation under paragraph (5), so long as the registrant does not itself produce, manufacture, or sell any of the certified goods or services to which its identical certification mark is applied.”

Pub. L. 105–330, § 201(a)(4)Par. (3). , inserted “or is functional,” before “or has been abandoned”.

Pub. L. 100–667, § 115(1)1988—, (7), in introductory provisions, inserted “as follows” and substituted “1905:” for “1905—”, and in concluding proviso substituted “paragraphs (3) and (5)” for “subsections (c) and (e)”.

Pub. L. 100–667, § 115(2)Par. (1). , substituted “(1) Within” for “(a) within” and “chapter.” for “chapter; or”.

Pub. L. 100–667, § 115(3)Par. (2). , substituted “(2) Within” for “(b) within”, and “1905.” for “1905; or”.

Pub. L. 100–667, § 115(4)section 1054 of this titlesection 1052 of this titlePar. (3). , substituted “(3)” for “(c)” and amended text generally. Prior to amendment, text read as follows: “at any time if the registered mark becomes the common descriptive name of an article or substance, or has been abandoned, or its registration was obtained fraudulently or contrary to the provisions of or of subsections (a), (b), or (c) of for a registration hereunder, or contrary to similar prohibitory provisions of said prior Acts for a registration thereunder, or if the registered mark is being used by, or with the permission of, the registrant so as to misrepresent the source of the goods or services in connection with which the mark is used. A registered mark shall not be deemed to be the common descriptive name of goods or services solely because such mark is also used as a name of or to identify a unique product or service. The primary significance of the registered mark to the relevant public rather than purchaser motivation shall be the test for determining whether the registered mark has become the common descriptive name of goods or services in connection with which it has been used; or”.

Pub. L. 100–667, § 115(5)Par. (4). , substituted “(4) At” for “(d) at”, and “title.” for “title; or”.

Pub. L. 100–667, § 115(6)Par. (5). , substituted “(5) At” for “(e) at” and redesignated former pars. (1) to (4) as subpars. (A) to (D), respectively.

Pub. L. 98–6201984—Par. (c). inserted provision that a registered mark shall not be deemed to be the common descriptive name of goods or services solely because such mark is also used as a name of or to identify a unique product or service, and that the primary significance of the registered mark to the relevant public rather than purchaser motivation shall be the test for determining whether the registered mark has become the common descriptive name of goods or services in connection with which it has been used.

Pub. L. 97–2471982— struck out “verified” before “petition to cancel” in provision preceding par. (a).

Pub. L. 87–7721962— inserted provisions which require a verified petition to cancel a registration, redesignated par. (d) as (e), added par. (d) which is composed of provisions formerly part of par. (c), and in said par. (c), substituted “registrant” for “assignee”, and struck out “on which the patent has expired” before “or has been abandoned”, and “has been assigned and” before “is being used by”.

Statutory Notes and Related Subsidiaries

Effective Date of 2020 Amendment

Pub. L. 116–260, div. Q, title II, § 225(g)134 Stat. 2208

“The amendments made by this section [enacting sections 1066a and 1066b of this title and amending this section and sections 1065, 1070, 1071, and 1094 of this title] shall take effect upon the expiration of the 1-year period beginning on the date of enactment of this Act [], and shall apply to any mark registered before, on, or after that effective date.”
, , , provided that:

Effective Date of 1999 Amendment

Pub. L. 106–43section 2(e) of Pub. L. 106–43section 1052 of this titleAmendment by effective , and applicable only to any application for registration filed on or after , see , set out as a note under .

Effective Date of 1998 Amendment

section 201(a)(4) of Pub. L. 105–330section 201(b) of Pub. L. 105–330section 1051 of this titleAmendment by effective , and applicable only to any civil action filed or proceeding before the United States Patent and Trademark Office commenced on or after such date relating to the registration of a mark, see , set out as a note under .

Effective Date of 1988 Amendment

Pub. L. 100–667section 136 of Pub. L. 100–667section 1051 of this titleAmendment by effective one year after , see , set out as a note under .

Effective Date of 1982 Amendment

Pub. L. 97–247section 17(c) of Pub. L. 97–247section 294 of Title 35Amendment by effective six months after , see , set out as a note under , Patents.

Finality of Judgments Prior to

Pub. L. 98–620, title I, § 10498 Stat. 3336

section 1127 of this titlesection 1051 of this title“Nothing in this title [amending this section and and enacting provisions set out as a note under ] shall be construed to provide a basis for reopening of any final judgment entered prior to the date of enactment of this title [].”
, , , provided that:

Repeal and Effect on Existing Rights

section 1051 of this titleRepeal of inconsistent provisions, effect of this chapter on pending proceedings and existing registrations and rights under prior acts, see notes set out under .

Restriction on Use of Funds To Cancel Registration of Trademarks

section 18 of Pub. L. 96–252section 57c of this titleFor provisions restricting the use of funds authorized to be appropriated to carry out section 41 et seq. of this title for fiscal year 1980, 1981, or 1982, for the purpose of taking any action under this section with respect to the cancellation of the registration of any mark on the ground that such mark has become the common descriptive name of an article or substance, see , set out as a note under .

Executive Documents

Transfer of Functions

64 Stat. 1264 section 41 of this titleFor transfer of functions of Federal Trade Commission, with certain exceptions, to Chairman of such Commission, see Reorg. Plan No. 8 of 1950, § 1, eff. , 15 F.R. 3175, , set out under .