Standing, Requirement in a Cancellation Action (Trademark) Law and Legal Definition

Standing is the legal term for the right to bring a claim before a judicial or regulatory body. The person bringing the claim must have a personal interest in the outcome beyond that of the general public. Standing is a requirement when filing for the cancellation of another party’s mark. The petitioner should believe that s/he is damaged by the existence of the registration that is to be canceled. Standing in a cancellation action will exist where there is a likelihood of confusion with petitioner’s mark or when the petitioner’s application was rejected on the basis of the challenged mark’s prior right.

Pursuant to 15 USCS § 1064, a petition to cancel a registration of a mark, stating the grounds relied upon, can upon payment of the prescribed fee, be filed by any person who believes that the person is or will be damaged, including as a result of dilution by the registration of a mark on the principal register. 37 CFR 2.111 provides that any person who believes that the person will be damaged by a registration can file a petition, addressed to the Trademark Trial and Appeal Board, for cancellation of the registration in whole or in part.