Categories
Trademark FAQ

What must I include in a §15 Declaration?

A §15 Declaration must include:

  • The registration number and the date of registration;
  • The fee for each class of goods/services in the registration to which the Declaration pertains;
  • A statement that:

    (a) the mark has been in continuous use in commerce for a period of five years subsequent to the date of registration, or the date of publication under 15 U.S.C. §1062(c), on or in connection with the goods/services recited in the registration and is still in use in commerce;

    (b) there has been no final decision adverse to the owner’s claim of ownership of the mark for the goods/services, or to the owner’s right to register the mark or to keep the same on the register; and

    (c) there is no proceeding involving the claimed rights pending in the USPTO or in a court of law and not finally disposed of; and 
     
  • A signed and dated affidavit or declaration under 37 C.F.R. §2.20. verifying the statements above.

Leave a Reply

Your email address will not be published. Required fields are marked *