What happens to a trademark registration that is canceled under Section 18 of the Trademark Act?

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When a trademark registration is canceled under Section 18 of the Trademark Act, it is no longer active. This cancellation typically occurs as a result of a successful petition showing that the mark is incorrectly registered or that the registrant no longer has rights to the trademark. Once the registration is canceled, the protections and benefits that come with a federal registration are effectively removed. The mark may still be used by its owner, but without the benefits of federal registration, such as nationwide protection, presumptive ownership, and the ability to sue in federal court.

Other options are incorrect in the following ways: The registration does not remain active since cancellation directly negates its protective status. While reviving a trademark can happen in some contexts, once it is canceled, it is not considered a straightforward or easy process. Transferring a registration would also not be applicable since a canceled mark lacks the legal standing to be transferred as a trademark registration anymore.

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