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Protecting your Trademark: The Declaration of Excusable Nonuse

Charles Internicola

by Charles Internicola
National Business and Franchise Lawyer

Date: 11/10/2010 | Category: Start a Franchise | No comments

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: 

  • 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. 

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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