Understanding the Declaration of Excusable Nonuse: What It Means for Trademark Owners

Q: Can I file a declaration if I plan to use the trademark soon?

Yes, as long as you can justify the nonuse with special circumstances.

Q: Is there a fee for filing a declaration of excusable nonuse?

There may be a fee, especially if filed after the deadline.

Definition & Meaning

A declaration of excusable nonuse is a formal statement submitted by a trademark owner who is unable to use their registered mark in commerce. This declaration must explain that the nonuse is due to special circumstances that justify it and is not a sign of intent to abandon the mark. The purpose of this declaration is to maintain the trademark registration while acknowledging that the mark is not currently in use.

Table of content

Legal Use & context

This term is primarily used in trademark law, particularly in the context of maintaining registered trademarks. It is relevant during the renewal process of a trademark registration, where the owner must demonstrate that the mark is still valid and not abandoned. Users can manage this process themselves using legal templates from US Legal Forms, which are designed to help with trademark filings and declarations.

Key legal elements

Real-world examples

Here are a couple of examples of abatement:

(hypothetical example) A small business owner has registered a trademark for their unique product but faces supply chain issues that prevent them from selling the product. They file a declaration of excusable nonuse to maintain their trademark registration while they resolve these issues.

Relevant laws & statutes

The primary statute governing the declaration of excusable nonuse is 15 USCS § 1058, which outlines the requirements for filing such a declaration. Additionally, 15 USCS § 1059 addresses the renewal process for trademark registrations.

Comparison with related terms

Term	Definition	Difference
Abandonment	The voluntary relinquishment of a trademark without intent to reclaim it.	Excusable nonuse indicates legitimate reasons for not using a mark, while abandonment suggests a lack of intent to continue using it.
Trademark Renewal	The process of extending the registration of a trademark beyond its initial term.	Renewal is a separate process that may involve filing a declaration of excusable nonuse if the mark is not currently in use.

Common misunderstandings

What to do if this term applies to you

If you find yourself unable to use your trademark, consider filing a declaration of excusable nonuse within the required time frame. You can use legal templates from US Legal Forms to assist with this process. If your situation is complex or if you have concerns about the implications of filing, consulting a legal professional is advisable.

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Quick facts

Filing period: Between the 5th and 6th years after registration.
Late filing: Allowed within six months with an additional fee.
Consequences of non-filing: Trademark registration may be canceled.

Key takeaways

Frequently asked questions

What happens if I don't file a declaration of excusable nonuse?

If you fail to file, your trademark registration may be canceled.