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New Trademark Office Audit May Result in Cancellation of Registrations
The United States Patent and Trademark Office ("USPTO") announced a final rule that took effect on February 17, 2017. To assess and promote the accuracy and integrity of the trademark register, the USPTO amended rules concerning the examination of affidavits or declarations of continued use pursuant to Section 8 of the Trademark Act, or affidavits or declarations of use in commerce pursuant to Section 71 of the Act.
Under the regulations, the USPTO may require the submission of information, exhibits, affidavits or declarations, and such additional specimens of use as may be reasonably necessary for the USPTO to ensure that the register accurately reflects marks that are in use in commerce in the United States for all of the goods/services identified in the registrations, unless the registrant submits a claim of excusable nonuse.
A register that does not accurately reflect marks in use in commerce for the goods/services identified in registrations imposes costs and burdens on the public. The rules change allows the USPTO to require additional proof of use to verify the accuracy of claims that a trademark is in use in commerce in connection with particular goods/services identified in the registration.
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