[E-trademarks] "Anonymous" Inter partes Non-Use Cancellation Procedure Filing?

John Smith johnsmithemail1982 at gmail.com
Tue Jul 2 22:12:45 UTC 2024


As we all know, the standing requirement for an Inter partes cancellation
procedure is reduced when only non-use is alleged.  This is due to the fact
that bringing proceedings based on non-use serves the public interest by
removing dead marks from the United States and Patent Office ("USPTO")
Register and improves the reliability of trademark searching.

https://www.ny-trademark-lawyer.com/the-standing-requirement-for-oppositions-and-cancellation-procee.html

Accordingly, in practice, does this mean that if "Party A" wishes to cancel
a trademark registration owned by "Party B" based on non-use through an
Inter partes proceeding, "Party A" may remain anonymous by engaging an
attorney who files the petition in the attorney's name only, thereby
keeping the name of "Party A" out of the public record?

(similar to what is done on the patent side for third-party submissions)

Have any non-use cancellation petitions been bounced or proceedings been
dismissed for lack of standing when this tactic was used?

Thank you in advance for your time and insight!
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