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Trademark Registration: What Is Post-Registration Statement of Use?
Trademark Registration: What Is Post-Registration Statement of Use?
You may remember my video where I answered the question about the post-allowance statement of use or declaration of use.
There is another one, which is called post-registration statement of use, that you need to file in the U.S. between the 5th and 6th anniversary of the first registration of your trademark.
It’s how they make sure that you are still interested in your brand.
So your trademark was registered in the U.S., whether right away or after you filed a statement of use, for intent-to-use trademarks; you’ve been using it for 5 years or 6 years. Now you need to show to them that you’re still interested in the brand.
And they do it through what they call, clearing the deadwood. They don’t want the register to have trademarks that are of no interest to their owner anymore.
It’s pretty much the same process with filing a post-registration statement of use as it is with the post-allowance statement of use. You have to provide evidence that you’re still using the trademark for all of the products and services listed in your trademark application. And if you’ve abandoned using some of them, then you can say, We are no longer using this trademark for those products and services, so you can remove them, but everything else stays intact.
If you don’t do that if you fail to file the post-registration statement of use between the 5th and 6th anniversary of your trademark, then your trademark will be deemed abandoned, and it will be canceled.
So be very careful to make sure you don’t miss the deadline in the U.S.
After that, there will be the general renewal before the 10th anniversary of the registration. And from there’s going to be just 10 years, and 10 years, and 10 years, and 10 years. There won’t be any 5-year maintenance declarations in the process, just after the 1st one.
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This video is about: Trademark Registration: What Is Post-Registration Statement of Use?
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