Legal Question in Intellectual Property in California

I have filed for a trademark cancellation at the USPTO. As such, could I also file a Declaratory Judgment in civil court to have the court decide if there is indeed infringement on my part? Is there a statute of limitations for such a DJ in California as it has been over 2 years or do laches apply?


Asked on 4/12/13, 7:08 am

1 Answer from Attorneys
Charles Perry Law Offices of Charles R. Perry

The federal courts have jurisdiction to hear trademark cancellation claims. I have not researched the issue, but my sense is that the federal court would be inclined to stay the case before it, and to allow the USPTO action to proceed.

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Answered on 4/12/13, 7:33 am


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