TMEP 1604.02: Notice of When Affidavit or Declaration Is Due

This is the October 2015 Edition of the TMEP

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1604.02    Notice of When Affidavit or Declaration Is Due

A statement noting the requirements for filing the affidavits or declarations of use or excusable nonuse under §8 of the Act (and applications for renewal under §9 of the Act) is included on each certificate of registration as originally issued. 15 U.S.C. §1058(d); see 15 U.S.C. §1059. Additionally, a courtesy e-mail reminder of USPTO maintenance filing deadlines will be sent to trademark owners who authorize e-mail communication and maintain a current e-mail address with the USPTO. To ensure that e-mail is authorized and an e-mail address is current, owners are encouraged to use the Trademark Electronic Application System (“TEAS”) Change of Correspondence Address and Change of Owner’s Address Forms if it is necessary to update the information. The owner must file the affidavit or declaration and application for renewal within the time periods required by §§8 and 9 of the Act regardless of whether the owner receives the notice on the registration certificate or in the courtesy e-mail reminder. See 37 C.F.R. §§2.160, 2.162, 2.182. See TMEP §1604.19 for information about combined filings under §§8 and 9.