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ARTICLE · 15 JULY 2026

Non-U.S. Trademark Registrants Beware!

Cowan, Liebowitz & Latman, PC
Cowan, Liebowitz & Latman, PC
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When a non-U.S. company obtains a U.S. trademark registration based on a foreign registration without U.S. use, failing to file the required Declaration of Use within six years can result in cancellation with serious consequences. A recent TTAB decision demonstrates how a lapsed registration loses all protective value, even against later-filed confusingly similar marks that were registered while the original registration was still active.

United StatesIntellectual Property
William Borchard
William Borchard

A non-U.S. party can obtain a U.S. trademark or service mark registration based on a home country registration and without use of the mark in the U.S. However, a Declaration of Use or Excusable Nonuse must be filed in the U.S. within six years after the date of registration plus a 6-month grace period. If that Declaration is not filed, that U.S. registration will be cancelled and given no further effect after the end of the six-year period.

Allowing such a U.S. registration to lapse can have an unfortunate consequence, as demonstrated in a precedential decision of the Trademark Trial and Appeal Board (TTAB). In re TextNow Inc., Application No. 98231457 (T.T.A.B. June 23, 2026).

A Canadian company named TextNow Inc. (Applicant) obtained a U.S. registration of the mark TOUCH MOBILE for telecommunications and wireless digital messaging goods and services based on its Canadian registration, without any claim of U.S. use. That registration (the Prior Registration) was cancelled after

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