Trolls can’t abuse the new system without fear of repercussions. This disincentivizes trolling

There is the possibility of abuse of a cancellation or opposition proceeding.203 For example, a supposed trademark troll could use cancellation or opposition proceedings to interfere with a bona fide trademark owner’s ability to obtain a federal registration because of the generous standing requirement. The danger of this occurring is mitigated for at least two reasons. First, the use requirement still exists. For example, analogous use can be used to predate another party’s actual use date, but that analogous use must be perfected. Thus, the opposer, or canceler, must have used the trademark, and therefore would arguably not fit the definition of a troll. Second, trademark law allows the party against whom the opposition or cancellation is filed to raise a counterclaim essentially attacking the other party’s prior registration, if it has been raised.204 This puts the purported trademark owner’s mark at issue.