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Amendments to Trademark Laws

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Feb 01, 2017 (Newsletter Issue 3/17)
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Changes to Examination of Affidavits or Declarations of Continued Use or Excusable Nonuse

The USPTO is changing its rules regarding the examination of affidavits or declarations of continued use or excusable non-use of trademarks filed under Section 8 of the Trademark Act, and on affidavits or declarations of use in commerce or excusable non-use under Section 71 of the Act, effective February 17, 2017.

The new rules will allow the USPTO to require additional proof of use to verify that a trademark is in use in commerce in connection with particular goods/services identified in the registration, unless excusable non-use is claimed in whole or in part.

The USPTO issued a notice of final rulemaking entitled “Changes in Requirements for Affidavits or Declarations of Use, Continued Use, or Excusable Nonuse in Trademark Cases" in the Federal Register, 82 Fed. Reg. 6259, on January 19, 2017.