Current law allows the cancellation of trademarks through the TTAB. No need for plan because alternative remedies exist
Anna B. Folgers (IIT Chicago-Kent College of Law) “The Seventh Cir enth Circuit’s Approach to Deterring the To Deterring the Trademark Troll: Say Goodbye to Your Register our Registration and P ation and Pay the Costs of Litigation” September 01, 2007 3 Seventh Circuit Rev. 452 https://scholarship.kentlaw.iit.edu/cgi/viewcontent.cgi?article=1173&context=seventhcircuitreview
The failure to use a mark in commerce may arise in two contexts: in inter-partes proceedings before the United State Patent and Trademark Office (“USPTO”) and when raised as a collateral attack in litigation. The Lanham Act gives concurrent power to order the cancellation of a mark to the Trademark Trial and Appeal Board (“TTAB”) and the courts.57 In either context, the non-use of a mark may be challenged on grounds of abandonment or a user may allege use of the mark prior to the date of registration thereby creating a priority contest.58 A party may file a petition to cancel a trademark directly with the USPTO subject to certain restrictions as explained supra in Section B.59 One can also challenge the validity of a mark and request a court to order its cancellation during trademark litigation.60