Sec. 14. A 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 section 43(c), by the registration of a mark on the principal register established by this Act, or under the Act of March 3, 1881, or the Act of February 20, 1905:
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## Sec. 14 A 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 section 43(c), by the registration of a mark on the principal register established by this Act, or under the Act of March 3, 1881, or the Act of February 20, 1905: ####
(1)Within five years from the date of the registration of the mark under this Act. ####
(2)Within five years from the date of publication under section 12(c) hereof of a mark registered under the Act of March 3, 1881, or the Act of February 20, 1905. ####
(3)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 section 4 or of subsection (a), (b), or
(c)of section 2 for a registration under this Act, 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)At any time if the mark is registered under the Act of March 3, 1881, or the Act of February 20, 1905, and has not been published under the provisions of subsection
(c)of section 12 of this Act. ####
(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:3 #### (6)3 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: 3 Section 225(b)(1) and
(2)of division Q of Public Law 116-260 amends section 14 by striking the colon at the end of paragraph
(5)and inserting a period and by inserting after paragraph
(5)a new paragraph (6). Both amendments are subject to a delayed effective date and will take effect on 12/27/2021. For delayed effective amendment see section 225(g) of division Q of such act. *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 Act, 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.4 4Section 225(b)(3) of division Q of Public Law 116-260 amends the flush text following paragraph (6), as added by paragraph
(2)of the same subsection, by inserting “Nothing in paragraph
(6)shall be construed to limit the timing applicable to any other ground for cancellation. A registration under section 44(e) or 66 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.” Such amendment is subject to a delayed effective date and will take effect on 12/27/2021. For delayed effective amendment see section 225(g) of division Q of such act. **[**[15 U.S.C. 1064](/us/usc/t15/s1064)**]**
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Sec. 14
A 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 section 43(c), by the registration of a mark on the principal register established by this Act, or under the Act of March 3, 1881, or the Act of February 20, 1905:
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