A petition to cancel a registration owned by another party may be filed with the Trademark Trial and Appeal Board (Board) under Trademark Act §14, 15 U.S.C. §1064, and 37 C.F.R. §2.111. See TBMP §§303, 307, 308, and 309, for the requirements and fees for filing a petition to cancel a registration.

The petition to cancel must be filed through the Board’s electronic filing system. 37 C.F.R. §2.111(c)(1); TBMP §110.01. If the Board’s electronic filing system is unavailable due to technical problems, or when extraordinary circumstances are present, a petition to cancel may be filed in paper form. 37 C.F.R. §§2.111(c)(2)(i), 2.126(b). A paper petition to cancel must be accompanied by a petition to the Director under 37 C.F.R. §2.146, with the required fees and a showing that the Board's electronic filing system was unavailable because of technical problems or that extraordinary circumstances are present. 37 C.F.R. §2.111(c)(2)(i); see In re Leader Development, Inc., Ser. No. 98128348, 2025 Commr. Pat. LEXIS 5, at *3-4, *4 & n.6 (Dir USPTO 2025). A paper petition to cancel includes both a physical paper document and an electronic format that mimics the form of paper, such as a PDF document attached to an electronically filed petition to the Director. In re Leader Development, Inc., 2025 Commr. Pat. LEXIS 5, at *4 & n.6. See 37 C.F.R. §2.197 and §2.198, and TMEP §305.02 and §305.03 regarding certificate of mailing and Priority Mail Express® procedures and TBMP §106.03 and §107 for general information regarding permitted paper submissions with the Board.

See TMEP §1608 regarding the voluntary surrender of one’s own registration for cancellation.

Registrations can also be cancelled under Trademark Act §37, 15 U.S.C. §1119, pursuant to the final order of the court in an action involving a registered mark. The party who has prevailed in the civil action must submit a certified copy of the court order or decree to the Office of the Solicitor of the USPTO. See TMEP §1610.