Do I have to use my trademark in the US prior to filing? Do I have to use my trademark after registration?

In the US, use is not required prior to filing. However, a trademark must be put to use prior to registration unless a foreign applicant relies on a foreign registration as the filing basis. To register a trademark one must file a Statement of Use together with specimens of use.

Use is mandatory after registration. In fact, a mandatory Affidavit of Use must be filed between the 5th and the 6th year after registration. If no affidavit is filed, the trademark is cancelled automatically.

In addition, trademarks that are not in use after registration may be cancelled by filing a petition to cancel.

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By |2018-08-04T22:34:36+00:00August 4th, 2018|0 Comments

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Anita Mar
CEO and Registered Trademark Agent at Trademark Angel Inc.

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