How to use the trademark nonuse cancellation calculator
A registration that is no longer used can be challenged, but only once enough time has passed. Enter the registration date, the date the mark was last used in commerce and the date you plan to file. The tool returns the nonuse start date, the point at which three consecutive years is reached, and whether the separate expungement window is open.
The three-year period comes from 15 U.S.C. §1127, which makes three consecutive years of nonuse prima facie evidence of abandonment, and a petition to cancel on that ground may be filed at any time under 15 U.S.C. §1064(3). The Trademark Modernization Act added an expungement proceeding under 15 U.S.C. §1066a, available between three and ten years after registration where the mark was never used on the listed goods. Separately, 15 U.S.C. §1058 requires a declaration of use between the fifth and sixth year. This reflects the statutes as of September 2026.
Reaching three years only creates a presumption. The owner can rebut it by showing use, or by showing excusable nonuse with an intent to resume, and the Trademark Trial and Appeal Board decides the question. Token or sporadic use may not count.
This calculator is for reference only and is not legal advice. Consult a licensed trademark attorney about your specific situation.
Frequently asked questions
Under 15 U.S.C. §1064 a petitioner must believe it is or will be damaged by the registration, which usually means a competitor or a blocked applicant. Expungement under §1066a is broader and may be requested by any person.
No. It is evidence of abandonment, not an automatic result. The owner may rebut the presumption with proof of use or excusable nonuse, and the registration stays on the register until a proceeding ends it.