If the registration was canceled due to failure in filing a Section 71 declaration, what must be done?

The correct course of action when a trademark registration is canceled due to the failure to file a Section 71 declaration is to file a new trademark application. A Section 71 declaration is generally required to demonstrate continued use of the trademark in connection with the goods or services for which it is registered, particularly for registrations under Section 66(a) of the Trademark Act (international registrations). When this requirement is not met, the registration is canceled, and the original registration cannot be reinstated based on the failure to submit the necessary documentation.

Filing a new trademark application allows the applicant to start fresh and potentially correct any issues that led to the cancellation. This process re-establishes their claim to the trademark. The decision to file a new application is standard practice as the original registration is no longer valid, and there is no mechanism to simply restore it following its cancellation for failing to submit the Section 71 declaration.

While appealing the decision or requesting reinstatement may seem like an option, these processes are not applicable in the case of a flat cancellation due to non-compliance with filing requirements. Likewise, submitting additional proof of use would not be effective if the registration is completely canceled; it cannot simply be reinstated with proof of use without going through the application process