USPTO Cancels 50,000+ Trademarks: Navigating Expungement & Reexamination

USPTO's Expungement and Reexamination Proceedings: Clearing the Trademark Register

Published: May 7, 2025

The United States Patent and Trademark Office (USPTO) has achieved a significant milestone by canceling over 50,000 unused goods and services from the trademark register through ex parte expungement and reexamination proceedings. This accomplishment comes just three months after reaching the 25,000 mark, highlighting the efficiency improvements implemented in these processes.

Understanding Expungement and Reexamination Proceedings

Introduced under the Trademark Modernization Act of 2020, these proceedings allow the USPTO to remove trademarks from the register that are not in use in commerce. This helps maintain the accuracy and integrity of the trademark register, ensuring it reflects only active trademarks.

Expungement Proceedings

An expungement proceeding can be initiated when there is evidence that a trademark has never been used in commerce. This process is applicable to registrations between three and ten years old.

Reexamination Proceedings

Reexamination is appropriate when a trademark was not in use in commerce at the time the application was filed or when a statement of use was submitted. This proceeding must be requested within the first five years after registration.

Combating Specimen Farms

A significant number of cancellations have targeted registrations linked to "specimen farms." These are entities that create fake e-commerce websites to produce counterfeit specimens of use, aiming to obtain or maintain trademark registrations without actual commercial use. The USPTO's proactive approach in identifying and canceling such registrations helps protect legitimate businesses and consumers.

Benefits for Online Businesses

For businesses, these proceedings offer a cost-effective and efficient method to clear the trademark register of unused marks that may be blocking new applications. Unlike contested cancellation proceedings before the Trademark Trial and Appeal Board (TTAB), expungement and reexamination are ex parte processes, meaning they involve only the petitioner and the USPTO, reducing complexity and expense.

How to Request an Expungement or Reexamination

To initiate an expungement or reexamination proceeding, a petitioner must submit a request to the USPTO, including evidence supporting the claim of nonuse. The filing fee is $400 per class of goods or services. Detailed guidelines and forms are available on the USPTO's official website.

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Conclusion

The USPTO's expungement and reexamination proceedings are vital tools in maintaining a robust and accurate trademark register. By removing unused trademarks, these processes help legitimate businesses secure the trademarks they need to thrive. If you're facing challenges with trademark registration or enforcement, AMZ Sellers Attorney® is here to assist you every step of the way.

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