Legal Definitions - declaration of use

A declaration of use is a mandatory legal document that a trademark owner must submit to the U.S. Patent and Trademark Office (USPTO) to confirm that their registered trademark is still actively being used in commerce. This sworn statement serves as proof that the trademark has not been abandoned and continues to identify the owner's goods or services in the marketplace. It typically requires the submission of an actual example, known as a "specimen," demonstrating how the mark is currently being used.

This declaration is a critical requirement for maintaining a federal trademark registration. It must be filed at specific intervals:

• Between the fifth and sixth year after the trademark was initially registered.
• Then, every ten years following the registration date (specifically, during the year before each ten-year anniversary).

Failure to file this declaration within the required timeframe can lead to the cancellation of the trademark registration by the USPTO, meaning the owner would lose their federal legal rights to the mark.

Here are some examples illustrating the application of a declaration of use:

• Example 1: A Craft Brewery's Logo
  Scenario: "Summit Brews," a craft brewery, registered its distinctive mountain peak logo and brand name for its line of beers five years ago. Application: To keep their federal trademark registration active, Summit Brews must submit a declaration of use to the USPTO. This declaration will include a sworn statement confirming they are still selling beer under that brand, along with a specimen such as a photograph of their beer can labels featuring the logo, or a screenshot of their website showing the brand name prominently displayed. This proves the mark is still in active commercial use.
• Example 2: An Online Software Service
  Scenario: "CodeFlow," a company providing project management software as a service, registered its trademark for its software and online services ten years ago. Application: As they approach their ten-year anniversary, CodeFlow needs to file a declaration of use. This filing will affirm that they continue to offer their project management software under the "CodeFlow" brand. They might submit a screenshot of their software interface displaying the trademark, or a page from their current marketing materials showing the mark in connection with their services, as proof of ongoing use.
• Example 3: A Boutique Clothing Line Facing Cancellation
  Scenario: "Urban Threads," a small business selling unique apparel, registered its brand name and logo seven years ago. The owner was unaware of the requirement to file a declaration of use between the fifth and sixth year of registration. Application: Because Urban Threads failed to file their declaration of use within the mandatory 5-6 year window, their federal trademark registration is now at risk of being canceled by the USPTO. Even though they are still actively selling clothing, their failure to submit the required declaration and specimen of use within the specified timeframe could lead to the loss of their exclusive federal rights to the "Urban Threads" trademark. This highlights the critical importance of timely filing.