Service detailsIf an unused or “squatted” trademark registration is blocking your Amazon Brand Registry, a USPTO trademark expungement can remove it—when the mark isn’t actually being used in real commerce. Our trademark expungement lawyers handle the full process: we run and document the USPTO-required reasonable investigation, prepare the filing, and present the evidence so the Office can delete the unused goods/services from the register (or clear the registration entirely when appropriate). Get a free case evaluation to find out whether expungement, reexamination, or a TTAB action is the fastest path for your situation.
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Trademark Expungement & Reexamination Services
Clear "Dead Wood" registrations and resolve USPTO refusals using the Trademark Modernization Act (TMA).
Strategic Advantage: Remove unused trademarks that block your Amazon Brand Registry or cause 2(d) Likelihood of Confusion refusals.
How to Clear the Trademark Register
Under the Trademark Modernization Act of 2020 (TMA), the USPTO introduced streamlined proceedings to cancel registrations for marks that are not—and sometimes never were—used in commerce. These tools are faster and more cost-effective than traditional TTAB Opposition or Cancellation proceedings.
Trademark Expungement
Used to challenge a registration on the basis that the mark has never been used in commerce for some or all of the goods/services listed. This petition can be filed between 3 and 10 years after the registration date.
Trademark Reexamination
Targets registrations where the mark was not in use in commerce on or before a relevant date (such as the filing date of a Use-Based application or the Statement of Use). This must be filed within the first 5 years of registration.
Why Brands Petition for Expungement
For Amazon, Walmart, and Shopify sellers, a "dead wood" registration is more than a nuisance—it is a business barrier. We use these tools to:
- Overcome Office Actions: If your application is suspended due to a prior registration, removing that registration via expungement can instantly clear your path.
- Brand Registry Access: Amazon requires an active registration. If a squatter has "camped" on your brand name without selling products, reexamination is your best remedy.
- Narrow Competitor Scopes: Many foreign applicants "over-file" for hundreds of items they don't sell. We can prune those registrations to only what they actually offer.
Need to remove a blocking trademark?
Our attorneys specialize in the "Reasonable Investigation" required to win these cases.
Get a Professional Case EvaluationThe "Reasonable Investigation" Requirement
A petition for expungement or reexamination is not a simple form. The USPTO requires a verified statement detailing the "reasonable investigation" conducted to support the claim of non-use. This includes:
Searches of Amazon, eBay, Walmart, and industry-specific retailers.
Wayback Machine archives, social media history, and domain registrations.
Searching SEC filings, business directories, and customs data.
Frequently Asked Questions
How long does an expungement proceeding take?
Generally, the USPTO decides whether to institute the proceeding within 1-3 months. If the registrant does not respond, the mark is canceled shortly thereafter. If they fight it, the process can take 6-12 months.
Can I file anonymously?
No. The petition must identify the "real party in interest." However, using an attorney provides a layer of professional distance and ensures the evidence is presented according to USPTO standards.
What is the difference between Expungement and Cancellation?
Cancellation (TTAB) is a full legal trial based on many grounds (confusion, dilution, etc.). Expungement is a streamlined USPTO "Ex Parte" proceeding strictly for non-use. Expungement is usually much faster and cheaper.
What happens if the trademark owner provides a fake specimen?
The USPTO has become highly skilled at detecting digitally altered specimens. If a registrant submits fraudulent evidence during a proceeding, they risk losing their entire registration and facing sanctions.
Is there a deadline to file for Reexamination?
Yes. A petition for reexamination must be filed within five years of the date of registration. After five years, expungement is the remaining TMA tool (available up to year 10).
Don’t Let "Dead Wood" Block Your Brand
Speak with an experienced trademark attorney to evaluate your petition options.
Start Your Free Consultation Now© 2025 AMZ Sellers Attorney® · [email protected] · +1-888-806-2440
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