A U.S. trademark must submit an oath of use 5-6 years after successful registration, otherwise it will be revoked. What is an oath of use? In what circumstances is an oath required?
What is a trademark oath of use?
The applicant must submit evidence of use and an oath of use 5-6 years, 9-10 years, and when renewing the trademark from the date of successful trademark registration, otherwise the registered trademark will be revoked (equivalent to submitting once every 5 years).
Everyone should know that evidence of use requires submission of product packaging, sales records, sales locations, etc.
And using an oath to indicate that we understand it as a trademark use commitment letter, which is similar to the oath in our driver’s license.
In what circumstances is a trademark oath required?
In terms of the use of the U.S. trademark oath system, the use of U.S. trademarks is very sound, including oaths, Article 8 (or Article 71) and Article 15 indisputable oaths.
1. Oath of U.S. trademark intention.
There are two bases for the registration of US trademarks with intention to use. In the case of intention to use of US trademarks, an oath must be made within 6 months after the official review is passed, and a trademark certificate will be obtained after the oath is passed. If the oath time exceeds 6 months, you can apply for deferred payment.
2. Successful trademark registration in the United States lasts for 5-6 years.
Section 8 of the US Trademark Act stipulates that 5-6 years after the successful registration, the registrant must make an oath to indicate that the trademark continues to be used in business. If it is not used, it is stated that the trademark is based on other special reasons, and non-use of the trademark does not mean abandonment of the trademark. Otherwise, the trademark will be revoked after the successful registration expires after 6 years.
If it is handled through the Madrid extension, it shall be handled in accordance with Article 71 of the Trademark Act.
3. Article 15 oath is indisputable.
According to Article 15 of the US Trademark, after the successful registration in the United States, the trademark registrant has used the trademark for 5 consecutive years. The registrant can make an oath of indisputable Article 15. Once passed, other third parties cannot request the cancellation of the trademark for obvious reasons.
4. U.S. trademark renewal.
In the United States, a trademark is valid for 10 years and needs to be renewed in the 9th to 10th year from the date of successful registration. When applying for renewal, a statement of use, i.e., an affidavit of use, is also required.
What materials are required to register a U.S. trademark?
1. Affidavit that the signed registered trademark is still in use;
2. Evidence of the use of the registered trademark.