1904.01(d) Use Not Required
Use in commerce prior to registration is not required. 15 U.S.C. §1141h(a)(3). However, after registration, a holder is required to periodically file affidavits of use or excusable nonuse under §71 of the Trademark Act, 15 U.S.C. §1141k, to maintain a registered extension of protection. 37 C.F.R. §7.36(b). See TMEP §1613 for additional information about these affidavits.