COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. : Suggested Format for Petition to Cancel JUDICIAL SUBPOENA Plaintiff(s) This is a suggested format for preparing a Petition to Cancel a trademark registration. -againstThis document is not meant to be used as a form to: be filled in and returned to the Board. Rather, it is a suggested format, which shows how the petition should be set up. : Petitioners may follow this format in preparing their own petition but need not copy those portions of the suggested format which are not relevant. : IN THE UNITED STATESDefendant(s) AND:TRADEMARK PATENT ...................................................... OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD In the matter of trademark Registration No................................ For the mark............................................................................... Date registered.............................. THE PEOPLE OF THE STATE OF NEW YORK TO (Name of petitioner) v. GREETINGS: (Name of registrant) WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court PETITION TO CANCEL located at County of in room , on petitioner's name, address, 20 entity information as follows:(1) day of , and , at o'clock in the noon, and at any recessed State the or adjourned date, to testify and give evidence as a witness in this action on the part of the (Name of individual as petitioner, and business trade name, if any; ____________________Business address)_______________________ Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to OR (Name of partnership as petitioner; Names of of $50 and the party on whose behalf this subpoena was issued for a maximum penalty partners; all damages sustained as a _______________Business address of partnership)________________ result of your failure to comply. OR Witness, Honorable of corporation as petitioner; State or countryone incorporation;of the (Name , of of the Justices _______________Business address of corporation)_________________ Court in County, day of , 20 To the best of petitioner’s knowledge, the name and address of the current owner of the registration are _______(provide if known)______________ (Attorney must sign above and type name below) The above-identified petitioner believes that it/he/she will be damaged by the above-identified registration, and hereby petitions to cancel the Attorney(s) for (2) same. The grounds for cancellation are as follows: Office paragraphs, [Please set forth, in separately numbered and P.O. Address the allegations of petitioner’s standing and grounds for cancellation](3) By ____Signature(4)_________ (Identification of person signing)(5) OMB No. 0651-0040 Telephone No.: Date ____________________ Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : FOOTNOTES Plaintiff(s) Calendar No. : JUDICIAL SUBPOENA : If petitioner is an-againstindividual, state the petitioner's name, business trade name, if any, and business address. If petitioner is a partnership, state the name of the partnership, the : names of the partners, and the business address of the partnership. If petitioner is a corporation, state the name of the corporation, the state (or country, if petitioner is a : foreign corporation) of incorporation, and the business address of the corporation. If petitioner is an association or other similar type of juristic entity, state the information Defendant(s) : . . . . . required .for .a corporation, . . . . . . . . .the. term ."corporation" throughout to an appropriate . . . . . . . . . . . . . . . . . . . . . changing . . . . . . . . . . . . . . . designation. (1) (2) The required STATE be NEW YORK THE PEOPLE OF THEfee must OF submitted for each party joined as petitioner for each class sought to be cancelled, and if cancellation is sought for fewer than the total number of TO classes in the registration, the classes sought to be cancelled should be specified. (3) Set forth a short and plain statement here showing why the petitioner believes it/he/she would be damaged by the registration, and state the grounds for cancellation. Each GREETINGS: paragraph should be limited, as far as practicable, to a statement of a single set numbered of circumstances. See Rules 8(a) and 10(b) of the Federal Rules of Civil Procedure. WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before (4) , the Honorablepetition need not be verified, and may be signed by the petitioner or by the at the Court The located at County of petitioner's attorney or other authorized representative. If a petitioner signing for itself is in room , day of 20 , at o'clock in a partnership,on the the signature must be made ,by a partner; if a petitioner the signing noon, and is any recessed for itself at or adjourned date, to testify and give evidence as a witness in this action on the part of the a corporation or similar juristic entity, the signature must be made by an officer of the corporation or other juristic entity who has authority to sign for the entity and whose title is given. Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to (5) on whose behalf this the partyState the capacity in subpoena was issued for a maximum penalty of $50 for petitioner, sustained as a which the signing individual signs, e.g., attorney and all damages result petitioner (if petitioner is an individual), partner of petitioner (if petitioner is a of your failure to comply. partnership), officer of petitioner identified by title (if petitioner is a corporation), etc. Witness, Honorable Court in County, , one of the Justices of the REPRESENTATION 20 day of , INFORMATION If the petitioner is not domiciled in the United States, and is not represented by an attorney or other authorized representative located in the United States, a domestic representative must be designated. (Attorney must sign above and type name below) If the petitioner wishes to furnish a power of attorney, it may do so, but an attorney at law is not required to furnish a power. Attorney(s) for Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. IN THE UNITED STATES PATENT AND TRADEMARK OFFICENo. : Calendar BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD In the matter of trademark Registration No. For the mark Plaintiff(s) -against- : JUDICIAL SUBPOENA : Date registered : : Defendant(s) : ...................................................... V. PETITION TO CANCEL (State opposer's name, address, and entity information:) THE PEOPLE OF THE STATE OF NEW YORK TO To the best of the petitioner's knowledge, the name and address of the current owner of GREETINGS: the registration are: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court located at County of The above-identified opposer believes that it he she will be damaged by the above-identified in room , hereby day cancel the same. 20 , , at o'clock in the noon, and at any recessed registration and on the petitions to of or adjourned date, to testify and give evidence as a witness in this action on the part of the The grounds for opposition are as follows: Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. Witness, Honorable Court in County, , one of the Justices of the day of , 20 (Attorney must sign above and type name below) Attorney(s) for Office and P.O. Address By Date Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com