The United States Patent and Trademark Office (USPTO) has
launched a new program that will require some trademark owners to
submit more "specimens" (i.e., proof of use) and
information than was required in the past. As a result, trademark
owners should be prepared to prove use of their trademarks in
connection with all of the goods and
services covered in a declaration of use filed under Sections 8 and
71 of the Lanham Act.
Summary of the audit program
In order to maintain a federal trademark registration, a
trademark owner must file a "declaration of use" with the
USPTO between the 5th and 6th anniversaries of registration, and
every 10th anniversary of registration. As part of this filing, the
registrant alleges use of its mark in U.S. commerce in connection
with goods and services covered in its registration, and submits
proof of use (such as a photograph of its trademark on its
goods).
