The owner of a registered trademark must submit a declaration of continued use to confirm that the trademark is still being used in commerce. Evidence of the trademark’s use, such as a sample or image, must be provided. This declaration needs to be filed every five to ten years after the trademark’s registration. Failure to file the declaration may result in the cancellation of the trademark. This requirement is specified in Section 8 of the Lanham Act.
The Declaration of Continued Use, also known as a Declaration of Use, is a necessary legal document for trademark owners to submit to the U.S. Patent and Trademark Office in order to keep their trademark registration active. This sworn statement confirms that the registered trademark is still in use in commerce and must be accompanied by evidence of the mark’s use. It must be filed every five or six years after registration and the year before the end of every ten-year period thereafter. Failure to file the Declaration of Continued Use within the required time may result in the cancellation of the registration. For example, a company that registered the trademark “XYZ” in 2010 filed Declarations of Continued Use in 2015 and 2020, and will need to file another in 2029 to maintain their registration. These examples demonstrate the importance of trademark owners regularly confirming their use of their registered trademarks to protect their legal rights.
A Declaration of Continued Use is a legal document filed with the United States Patent and Trademark Office (USPTO) to demonstrate that a trademark is still in use in commerce.
A Declaration of Continued Use is required to be filed between the 5th and 6th year after the registration of a trademark, and then every 10 years thereafter.
Failure to file a Declaration of Continued Use can result in the cancellation of the trademark registration.
Yes, you can file a Declaration of Continued Use early within the 6-month period before the filing deadline.
You will need to provide specimens showing the trademark in use in commerce, along with a sworn statement attesting to the continued use of the trademark.
Yes, the USPTO allows for electronic filing of Declarations of Continued Use through their website.
Yes, there is a fee associated with filing a Declaration of Continued Use, which can vary depending on the number of classes the trademark is registered in.
You can make certain changes to the trademark, such as updating the owner’s name or address, when filing a Declaration of Continued Use.
If your trademark is no longer in use in commerce, you may need to file a Declaration of Incontestability instead, or consider abandoning the trademark registration.
Yes, it is advisable to seek legal assistance from a trademark attorney to ensure that the Declaration of Continued Use is filed correctly and on time.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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