Case: Review succeeded after cancelling the cited mark for non-use
Published 11/06/2026 · views
A practical approach — remove the obstacle first, then argue similarity. Often far more effective than argument alone.
Facts: The client's application was rejected on the basis of an earlier cited mark. The cited mark had been registered for over three years, but preliminary investigation showed no genuine use on the designated goods.
Approach: Rather than arguing non-similarity directly, we simultaneously filed a cancellation action for non-use against the cited mark and submitted proof of acceptance in the review, requesting suspension of examination.
Outcome: Once the cited mark was cancelled, the obstacle disappeared and the client's mark proceeded to registration.