The affirmative is in line and upholds prior Supreme Court precedent
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 power to cancel a trademark is not limited to the USPTO. As Judge Easterbrook has noted, “trademark law does not reserve the cancellation power to the PTO. A court may cancel a mark itself or order the agency to do so.”88 The power to order the cancellation of a mark is governed by 15 U.S.C. § 1119.89 That section provides: “In any action involving a registered mark the court may determine the right to registration, order the cancellation of registrations, in whole or in part, restore cancelled registrations, and otherwise rectify the register with respect to the registrations of any party to the action.”90 The “net effect” of 15 U.S.C § 1119 is to give the courts “concurrent power” with the USPTO to conduct cancellation proceedings.91 The Supreme Court has noted that § 1119 grants the court “broad power” to order the cancellation of a registered mark."92