USPTO: Changes in requirements for Affidavits or Declarations of Use, Continued Use, or Excusable Nonuse in Trademark Cases

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USPTO: Changes in requirements for Affidavits or Declarations of Use, Continued Use, or Excusable Nonuse in Trademark Cases

 

 

 

USPTO:  Changes in requirements for Affidavits or Declarations of Use, Continued Use, or Excusable Nonuse in Trademark Cases:

 

The United States Patent and Trademark Office(USPTO) amends its rules concerning the examination of affidavits or declarations of continued use or excusable nonuse filed pursuant to section 8 of the Trademark Act.  Specifically, under the regulations enacted herein, 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 the good/services identified in the registrations, unless excusable nonuse is claimed in whole or in part. The amended rules will allow 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 good/services identified in the registration.

Action:  Final Rule

Effective Dates: This rule was originally to become effective on February 17,2017, but has now been postponed until March 21, 2017.  The 60-day delay in the effective date is necessary to give agency officials the opportunity for further review of the issues of law and policy raised by the rule.

 

Fee Changes Under the New Requirements for Section 8 of the Trademark Act:

The fee for electronic filing affidavits under Sections 8 increased from $100 to $125 per class under the new fee rule.

The fee for filing a paper affidavit under §8 of the Act; increased from $100 to $225 per class under the new fee rule.