The Internicola Law Firm, P.C.

The Declaration of Excusable Nonuse

If you own a trademark which is currently not in use, but you want to maintain your rights to that mark, then you must notify the United States Patent and Trademark Office (USPTO) that your mark is not in use. To do so, you will have to file a Declaration of Excusable Nonuse, which states that you have no intention of abandoning your federally registered mark.

When you submit your Declaration of Excusable Nonuse to the USPTO, you must include: 

• the registration number of your mark;
• the name and address of the mark's current owner;
• the filing fee for declaration;
• a list of goods and/or services connected to the mark which is not in use;
• the reasons for nonuse;
• the approximate date when use in commerce is expected to resume;
• the specific steps being taken to resume use; and
• an affidavit or declaration that is signed and dated.  

If, on the other hand, you choose to renew a trademark, you will have to submit an Application for Renewal and a Declaration of Continued Use. For help with any of these important business matters, you can seek assistance from a New York trademark lawyer. 

A New York Trademark Lawyer Can Help

If you are an entrepreneur who is interested in franchising your business there is a lot you need to know, including the significance of evaluating your trademark and how to approach the preparation of your FDD. For a limited time, get New York trademark lawyer Charles N. Internicola, Esq's franchise law report to determine whether or not your business is right for franchising. Contact us today at 800-976-4904 for more information about Mr. Internicola's franchise law services in New York and how he assists entrepreneurs franchise their business nationwide.