TMEP 1613.02: Notice of When Affidavit or Declaration Is Due

This is the October 2015 Edition of the TMEP

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1613.02    Notice of When Affidavit or Declaration Is Due

A statement noting the requirement for filing the affidavits or declarations of use or excusable nonuse under §71 of the Act is included on each certificate of registration as originally issued. 15 U.S.C. §1141k(d). Additionally, a courtesy e-mail reminder of USPTO maintenance filing deadlines will be sent to trademark holders 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, holders are encouraged to use the Trademark Electronic Application System (“TEAS”) Change of Correspondence Address Form if it is necessary to update the information. The holder must file the affidavit or declaration within the time periods required by §71 of the Act regardless of whether the holder receives the notice on the registration certificate or the courtesy e-mail reminder. See 37 C.F.R. §§7.36(b), 7.38.