If a party thinks it is damaged by a trademark on the Principal Register or Supplemental Register, the party may file a trademark cancellation before the U.S. Trademark Trial and Appeal Board.
First, the party must show it has “real interest.” The TTAB Manual of Procedure defines real interest as a “direct and personal stake” in the proceeding’s outcome. Even though the procedures do not require proof of actual damage, the party’s allegations must be supported by “reasonable basis in fact.”
Cancellations are legal proceedings before the TTAB and are similar to federal court proceedings. The party filing the cancellation is the plaintiff, and the registrant is the defendant. There are periods of discovery with requests, responses, and disclosures. Parties may have expert witness testimony. There may be depositions. Cancellation proceedings also have interrogatories and requests for production. Just as with court proceedings, parties may be compelled to produce documents and records for the other party to inspect and enter into the proceeding. The Board may grant or dismiss the trademark cancellation. Afterwards, just as in court, parties are entitled to appeal the Board decision.