‘‘(1) IN GENERAL.—The Director may, on the 
Director’s own initiative, institute an ex parte 
expungement proceeding if the Director discovers in-
formation that supports a prima facie case of a mark 
having never been used in commerce on or in connec-
tion with any good or service covered by a registra-
tion. The Director shall promptly notify the reg-
istrant of such determination, at which time the ex 
parte expungement proceeding shall proceed according 
to the same procedures for ex parte expungement es-
tablished pursuant to subsection (d). If the Director 
determines, based on the Director’s own initiative, to 
institute an expungement proceeding, the Director 
shall transmit or make available the information that 
formed the basis for that determination as part of the 
institution notice sent to the registrant. 
‘‘(2) RULE OF CONSTRUCTION.—Nothing in this 
subsection may be construed to limit any other au-
thority of the Director. 
‘‘(i) TIME FOR INSTITUTION.— 
‘‘(1) WHEN PETITION MAY BE FILED, EX PARTE 
EXPUNGEMENT PROCEEDING INSTITUTED.—A petition 
for ex parte expungement of a registration under sub-
section (a) may be filed, or the Director may institute 
on the Director’s own initiative an ex parte 
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expungement proceeding of a registration under sub-
section (h), at any time following the expiration of 
three years after the date of registration and before 
the expiration of ten years following the date of reg-
istration. 
‘‘(2) EXCEPTION.—Notwithstanding paragraph 
(1), for a period of three years after the date of enact-
ment of this Act, a petition for expungement of a reg-
istration under subsection (a) may be filed, or the Di-
rector may institute on the Director’s own initiative 
an ex parte expungement proceeding of a registration 
under subsection (h), at any time following the expi-
ration of three years after the date of registration. 
‘‘(j) LIMITATION ON LATER EX PARTE EXPUNGEMENT 
PROCEEDINGS.— 
‘‘(1) NO CO-PENDING PROCEEDINGS.—With re-
spect to a particular registration, while an ex parte 
expungement proceeding is pending, no later ex parte 
expungement proceeding can be instituted with re-
spect to the same goods or services that are the subject 
of a pending ex parte expungement proceeding. 
‘‘(2) ESTOPPEL.—With respect to a particular 
registration, for goods or services previously subject to 
an instituted expungement proceeding for which, in 
that proceeding, it was determined that the registrant 
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had used the mark for particular goods or services, as 
relevant, and the registration was not cancelled as to 
those goods or services, no further ex parte 
expungement proceedings may be initiated as to those 
goods or services, regardless of the identity of the peti-
tioner. 
‘‘(k) USE
IN COMMERCE REQUIREMENT NOT AL-
TERED.—Nothing in this section shall affect the require-
ment for use in commerce of a mark registered under section 
1(a) or section 23.’’. 
(b) NEW GROUNDS FOR CANCELLATION.—Section 14 
of the Trademark Act of 1946 (15 U.S.C. 1064) is amend-
ed— 
(1) by striking the colon at the end of paragraph 
(5) and inserting a period; 
(2) by adding after paragraph (5) the following: 
‘‘(6) At any time after the three-year period fol-
lowing the date of registration, if the registered mark 
has never been used in commerce on or in connection 
with some or all of the goods or services recited in the 
registration:’’; and 
(3) in the flush left text, by inserting ‘‘Nothing 
in paragraph (6) shall be construed to limit the tim-
ing applicable to any other ground for cancellation. 
A registration under sections 44(e) or 66 shall not be 
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cancelled pursuant to paragraph (6) if the registrant 
demonstrates that any nonuse is due to special cir-
cumstances that excuse such nonuse.’’ after ‘‘identical 
certification mark is applied.’’. 
(c) EX PARTE REEXAMINATION.—The Trademark Act 
of 1946 (15 U.S.C. 1066), as amended by subsection (a), 
is further amended by inserting after section 16A, the fol-
lowing new section: 
‘‘SEC. 16B. EX PARTE REEXAMINATION. 
‘‘(a) PETITION
FOR REEXAMINATION.—Any person 
may file a petition to reexamine a registration of a mark 
on the basis that the mark was not in use in commerce 
on or in connection with some or all of the goods or services 
recited in the registration on or before the relevant date. 
‘‘(b) RELEVANT DATE.—In this section, the term ‘rel-
evant date’ means, with respect to an application for the 
registration of a mark with an initial filing basis of— 
‘‘(1) section 1(a) and not amended at any point 
to be filed pursuant to section 1(b), the date on which 
the application was initially filed; or 
‘‘(2) section 1(b) or amended at any point to be 
filed pursuant to section 1(b), the date on which— 
‘‘(A) an amendment to allege use under sec-
tion 1(c) was filed; or 
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‘‘(B) the period for filing a statement of use 
under section 1(d) expired, including all ap-
proved extensions thereof. 
‘‘(c) REQUIREMENTS FOR THE PETITION.—The peti-
tion, together with any supporting documents, shall— 
‘‘(1) identify the registration that is the subject 
of the petition; 
‘‘(2) identify each good and service recited in the 
registration for which it is alleged that the mark was 
not in use in commerce on or in connection with on 
or before the relevant date; 
‘‘(3) include a verified statement that sets forth 
the elements of the reasonable investigation the peti-
tioner conducted to determine that the mark was not 
in use in commerce on or in connection with the 
goods and services identified in the petition on or be-
fore the relevant date, and any additional facts that 
support the allegation that the mark was not in use 
in commerce on or before the relevant date on or in 
connection with the identified goods and services; 
‘‘(4) include supporting evidence on which the 
petitioner relies; and 
‘‘(5) be accompanied by the fee prescribed by the 
Director. 
‘‘(d) INITIAL DETERMINATION; INSTITUTION.— 
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‘‘(1) PRIMA FACIE CASE DETERMINATION, INSTI-
TUTION, AND NOTIFICATION.—The Director shall, for 
each good or service identified under subsection (c)(2), 
determine whether the petition sets forth a prima 
facie case of the mark having not been in use in com-
merce on or in connection with each such good or 
service, institute an ex parte reexamination pro-
ceeding for each good or service for which the Director 
determines that the prima facie case has been set 
forth, and provide a notice to the registrant and peti-
tioner of the determination of whether or not the pro-
ceeding was instituted. Such notice should include a 
copy of the petition and any supporting documents 
and evidence that were included with the petition. 
‘‘(2) REASONABLE INVESTIGATION GUIDANCE.— 
The Director shall promulgate regulations regarding 
what constitutes a reasonable investigation under sub-
section (c)(3) and the general types of evidence that 
could support a prima facie case that the mark was 
not in use in commerce on or in connection with a 
good or service on or before the relevant date, but the 
Director shall retain discretion to determine whether 
a prima facie case is set out in a particular pro-
ceeding. 
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