A declaration of continued use is a formal statement made by the owner of a trademark registration, affirming that the trademark is actively being used in commerce. This declaration is required by the U.S. Patent and Trademark Office (USPTO) to maintain the trademark registration. It must be filed by the current owner within specific timeframes to ensure the trademark remains valid.
This term is primarily used in trademark law. It is essential for trademark owners to demonstrate that their trademarks are in use to prevent cancellation of their registrations. The declaration is part of the maintenance process for trademark rights and is relevant to both businesses and individuals who own registered trademarks. Users can manage this process through legal templates available from resources like US Legal Forms.
Here are a couple of examples of abatement:
Example 1: A company that registered its logo as a trademark must file a declaration of continued use six years after the registration date to maintain its trademark rights.
Example 2: If a small business fails to file the necessary declaration within the required timeframe, the USPTO may cancel their trademark registration, resulting in the loss of exclusive rights to the mark. (hypothetical example)
The primary statute governing the declaration of continued use is 15 U.S.C. § 1058, which outlines the requirements and timelines for filing these declarations.
| Term | Definition | Key Differences |
|---|---|---|
| Declaration of Continued Use | A statement affirming the use of a trademark in commerce. | Required every six years and ten years to maintain registration. |
| Statement of Use | A filing to show that a trademark is being used in commerce before it is registered. | Filed before registration, not to maintain it. |
| Trademark Renewal | A process to extend the protection of a trademark registration. | Renewal occurs after ten years, while declarations occur at six-year intervals. |
If you own a registered trademark, ensure that you file your declaration of continued use within the required timeframes. You can use legal templates from US Legal Forms to assist you in preparing this declaration. If you are unsure about the process or your specific situation is complex, consider consulting a legal professional for guidance.
If you miss the deadline, you may lose your trademark registration, but you can still file during the grace period.
