In a recent study, “the USPTO determined that in more than half of the trademark registrations selected, the owner was unable to verify the actual use of the mark for the goods or services queried. This was in spite of the owner having recently sworn under penalty of perjury to such ongoing use as part of the maintenance filing.” See results of pilot program.
Goods or services not meeting the requirements of the pilot were deleted or the registrations cancelled. The biggest group of deletions and cancellations came from registrations with a foreign filing basis (44(e), 66(a), 44(e).
To address the problem of registrations that are not valid or were never valid, the USPTO instituted a different declaration believing better integrity will result because the signer is more likely to read the declaration swearing to use for each and every good or service listed.
The USPTO is also changing the rules to have MORE AUDITS to maintain the integrity of the trademark register. The USPTO is also looking into changing the rules to make it easier to cancel a registration where some or all of the goods or services are not in use.
All of these changes make it even more desirable to file the application correctly from the beginning. Remember that a USPTO trademark application and registration is a public document that can be viewed by anyone. Vulnerabilities to deletions and cancellation make IP assets less valuable.
NEED HELP? A trademark application is a legal process and involves more than just filling out a form.
Contact Not Just Patents for these and other issues when APPLYING for a TM. You can get:
Call us at 1-651-500-7590 or email WP@NJP.legal.