TMEP 1603.03: Affidavits or Declarations of Use in Commerce Required

This is the October 2015 Edition of the TMEP

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1603.03    Affidavits or Declarations of Use in Commerce Required

After the benefits of the Act of 1946 are claimed for a registration issued under the Act of 1881 or the Act of 1905, the registrant must file an affidavit or declaration of use or excusable nonuse during the sixth year after the date of publication of the notice of the registrant’s claim of the benefits of the 1946 Act in the Official Gazette, or within the six-month grace period after expiration of the sixth year, to avoid cancellation under §8(a)(1) and (a)(3) of the Act. 15 U.S.C. §1058(a)(1), (a)(3). An affidavit or declaration of use or excusable nonuse must also be filed within one year before the end of every ten-year period after the date of the registration, or within the six-month grace period thereafter. 15 U.S.C. §1058(a)(2), (a)(3). See TMEP §§1604 et seq. for further information about affidavits or declarations of use or excusable nonuse under 15 U.S.C. §1058.