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

[Ed Welch]

I would investigate whether an expungement proceeding is available.  I have used this successfully.  Do your homework and put the package together: including wayback machine downloads.

 

From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com> On Behalf Of John Smith via E-trademarks
Sent: Tuesday, July 2, 2024 6:13 PM
To: for trademark practitioners <E-trademarks at oppedahl-lists.com>
Cc: John Smith <johnsmithemail1982 at gmail.com>
Subject: [E-trademarks] "Anonymous" Inter partes Non-Use Cancellation Procedure Filing?

 

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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