USPTO To Target Fake Trademark Specimens Of Use With Expanded Audit Program

Hoping to crack down on the ever-increasing problem of overbroad trademark registrations and fake specimens of use, the United States Patent and Trademark Office ("USPTO") has announced that it will expand its existing audit program, currently conducted on a random basis, to include directed audits for certain trademark filings.

In contrast to many jurisdictions, the United States requires that trademark owners periodically demonstrate that their marks remain in active use in commerce to avoid cancellation of their registration. This policy furthers the USPTO's goal of keeping the trademark register relatively free of registrations for marks not actually used in U.S. commerce. Over the years, however, many registrants have sought to keep their registrations alive in connection with all of the goods or services listed in the registration certificate, even though the mark may only be used for some of those goods or services (if any at all).