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Volume19
Year2010
TitleCancellation of Generic Incontestable Marks
Author(s)Joni Borzcik
First Page185
AbstractThe Lanham Act invites petitions "at any time" to cancel the registration of marks that have become "generic." "At any time" applies to marks that the Act acknowledges as "incontestable." The petitioner bears the burden of proving by a preponderance of the evidence that (1) "he is or will be damaged" by continued registration of the mark, and (2) the mark is generic.