Protecting your Trademark: The Declaration of Excusable Nonuse | Franchise Law Blog

Protecting your Trademark: The Declaration of Excusable Nonuse

If you own a trademark that 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: 

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. 

Learn More About Protecting Your Trademarks

Trademarks are important and with the right planning are relatively easy to protect. To learn more about protecting your trademarks and intellectual property order a complimentary copy of our guide: "5 Easy Steps to Protecting Your Brand".

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Date: 11/10/2010 | Category: Start a Franchise

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