USPTO says COVID related problems could constitute excusable nonuse for a Section 8 or 71 filing.

Today the USPTO sent out an email blast stating that citing to Covid and explaining how it has resulted in nonuse of a mark may be sufficient to meet the standard for excusable nonuse under Section 8 or 71 of a U.S.A. federal trademark act.

In the life of a trademark registration, the owner of the registration must prove he or she is using the mark at various times during the registration.

Those times are on the 5th year Combined Sections 8 & 15 Declaration in year 5 of the registration and in the 9th year Combined Sections 8 & 9 Renewal Application.

While those provisions provide for excusable nonuse of a mark, the standard is rigorous. The PTO eblast tells us that the Office deems Covid as potentially providing basis for a finding of nonuse.

Contact me if you have questions about an upcoming filing. Jim Faier. jmfaier@faier.com or 312-382-9400.