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How can all goods be cancelled, but the trademark be alive?

What does it mean when the: Goods And Services of a Trademark are cancelled, but it also says the trademark is alive?

Goods and Services (CANCELLED) IC 009. US 021 023 026 036 038. G & S

Live/Dead Indicator LIVE

~ anonymous

Of course, it is possible that the status you describe is correct. For example, the trademark may be recently cancelled by a TTAB Cancellation proceeding, however, the time for appeal may not have lapsed. There could be other explanations, too. Only by carefully reviewing all of the available records can you properly determine the status. So, here are some steps you might consider.

First, you can email () or call the Trademark Assistance Center at 1-800-786-9199. Instead of asking what it means, ask if they could check whether the status is correct. If the database record is clearly in error, the Trademark Office should be able to update and correct the record.

Second, you should know that Trademark Attorneys do not rely on TESS to determine the legal status of a trademark. Instead, they review the official record. There are several parts:

  1. TSDR (Trademark Status and Document Retrieval) shows the procedural history for the trademark
  2. TTABVUE (Trademark Trial and Appeal Board Inquiry System) shows whether the trademark has been involved in any TTAB proceeding.

By looking at these sources, a Trademark Attorney can determine the most recently available status of a trademark. When using this information as the basis of an important legal opinion, a certified copy is typically ordered from the US Trademark Office. There can be a time delay of one to two weeks between the filing date of a paper document and they update of the online databases. However, the legal status changes with the actual filing date, not the online posting date.

Finally, if you are a longtime user of the USPTO website, the TDR and TARR systems have been integrated to become TSDR(Trademark Status and Document Retrieval). Your old links still seem to work, thankfully.

Good luck in determining the legal status of your trademark.

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