Maintenance filings, COVID-19, and excusable nonuse (Trademark)

Are you a trademark owner with an upcoming deadline for a registration maintenance filing? If COVID-19 has directly impacted you or your business and temporarily prevented you from using your trademark, you may request to be temporarily excused from using your trademark. 

If you think this applies to you, when you file your section 8 or section 71 declaration, you must provide a statement that includes the following:

• An explanation of how COVID-19 has affected you or your business and caused you to temporarily stop using your trademark for the products and services covered by your registration
• The date your trademark was last used
• The steps you're taking to resume use, and
• The approximate date you expect to resume using your trademark.

For more information on excusable nonuse, please see Trademark Manual of Examining Procedure (TMEP) sections 1604.11 and 1613.11, and our Keeping your registration alive webpage for general information on how to maintain your trademark registration.

Trademark -- Expedited Cancellation Pilot Program

The Trademark Trial and Appeal Board has started a pilot program for cancellation proceedings involving claims of abandonment and/or nonuse. Consider participating – it could save you time and money compared to a traditional cancellation proceeding.

The pilot program will explore a faster, more cost-effective way to remove unused or abandoned registrations from the Trademark Register.

Amend First Filing Deadline for Trademark Use Affidavits

The United States Patent and Trademark Office (``USPTO'') is seeking public comment on a potential legislative change to amend the first filing deadline for Affidavits or Declarations of Use or Excusable Nonuse under Sections 8 and 71 of the Trademark Act from between the fifth and sixth years after the registration date, or the six-month grace period that follows, to between the third and fourth years after the registration date, or the six-month grace period that follows. The change would require Congress to amend the Trademark Act, and the USPTO is interested in receiving public input on whether and why such an amendment is or is not favored.

For more information see the August 16, 2012 Federal Register Comment Request.