Expungement or reexamination forms

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1. Petition for Expungement or Reexamination form

Use this form to submit a new petition for expungement or reexamination of a registered trademark.

Expungement proceeding. Third parties will be able to request cancellation of some or all of the goods or services in a registration because the registrant never used the trademark in commerce with those goods or services. 

Time limit. This proceeding must be requested between three and ten years after the registration date. Until December 27, 2023, however, a proceeding may be requested for any registration at least three years old, regardless of the ten-year limit.

Reexamination proceeding. Third parties will be able to request cancellation of some or all goods or services in a registration on the basis that the trademark was not in use in commerce with those goods or services on or before a particular relevant date.

  • When the underlying application was initially filed based on use of the trademark in commerce, the relevant date will be the filing date of the application.
  • When the underlying application was filed with an intent-to-use basis, the relevant date will be the later of the date that an amendment to allege use was filed or the date that the deadline to file a statement of use expired.

Time limit. This new procedure must be requested within the first five years after registration. Any goods or services that are cancelled as a result of these proceedings will no longer be covered by the trademark registration.

2.  Response to Post-Registration office action

Use this form either to (1) respond to an office action that a Post-Registration examiner has issued,  (2) pay an additional fee related to a Post-Registration matter, or (3) respond to an office action issued in connection with an expungement or reexamination proceeding. See our user guide to learn how to use the form.

Time limit.  If you received an office action because an expungement or reexamination proceeding was instituted in connection with your registration, you must either (a) respond within three months of the date the office action was issued or (b) make a one-time request for an additional one month of time to respond. You can only submit this request for non-final office actions or suspension inquiry letters. You must submit this request before three months go by since the office action was issued. Respond to each point raised in the office action.