Maintenance filings, COVID-19, and excusable nonuse

Published on: 04/09/2021 14:21 PM



Trademark Alert


Maintenance filings, COVID-19, and excusable nonuse

Are you a trademark owner with an upcoming deadline for a registration maintenance filing? If COVID-19 has directly impacted you or your business and temporarily prevented you from using your trademark, you may request to be temporarily excused from using your trademark. 

If you think this applies to you, when you file your section 8 or section 71 declaration, you must provide a statement that includes the following:

  • An explanation of how COVID-19 has affected you or your business and caused you to temporarily stop using your trademark for the products and services covered by your registration
  • The date your trademark was last used
  • The steps you're taking to resume use, and
  • The approximate date you expect to resume using your trademark.

For more information on excusable nonuse, please see Trademark Manual of Examining Procedure (TMEP) sections 1604.11 and 1613.11, and our Keeping your registration alive webpage for general information on how to maintain your trademark registration.


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