Legal Definitions - declaration of continued use

A declaration of continued use is a mandatory legal document that a trademark owner must periodically file with the appropriate government intellectual property office (such as the U.S. Patent and Trademark Office, or USPTO) to confirm that their registered trademark is still actively being used in commerce. This filing is essential for maintaining the trademark registration and preventing it from being canceled. It typically requires a sworn statement from the trademark owner and evidence, known as "specimens," showing how the mark is currently being used in connection with the goods or services it represents.

• Example 1: Small Business Product Trademark

  Imagine "Harvest Moon Organics," a small company that registered a trademark for its unique brand of artisanal jams, "Sweet Preserve." Five years after successfully registering the trademark, the owner receives a reminder from the intellectual property office that it's time to file a declaration of continued use.

  To maintain the "Sweet Preserve" trademark, the owner must submit a declaration affirming that they are still manufacturing and selling jams under that brand name. They would include photographs of their jam jars clearly displaying the "Sweet Preserve" logo and packaging as proof of its ongoing use in commerce.

• Example 2: National Service Mark

  "QuickFix IT Solutions" is a national company providing remote computer repair services. They registered a service mark for their distinctive name and logo. Ten years after their initial registration, they are due to file their next declaration of continued use.

  The company's legal department prepares a declaration stating that "QuickFix IT Solutions" continues to offer computer repair services using the registered mark. They might submit screenshots of their active website featuring the logo, copies of recent service agreements, or marketing brochures displaying the service mark as evidence of its continuous and active use in connection with their services.

• Example 3: Restaurant Chain Trademark

  "The Golden Spoon" is a popular chain of diners that registered a trademark for its name and a unique graphic design of a spoon. Seven years after its initial registration, the chain needs to file a declaration of continued use to keep its trademark active.

  The legal team for "The Golden Spoon" files the necessary declaration, affirming that the diners are still operating under that name and using the registered spoon design on their menus, signage, and employee uniforms. They would provide examples like photographs of their restaurant storefronts, branded napkins, or menu covers featuring the trademarked elements to demonstrate continuous commercial use across their locations.