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What is a Declaration of Use?

Founder & Trademark Attorney

A Declaration of Use is a signed statement filed with the USPTO confirming that a registered US trademark is still in active commercial use in the US market. It is a mandatory maintenance filing required to keep the trademark registration alive.

The first Declaration of Use must be filed between the 5th and 6th year after the registration date. It must be accompanied by a specimen showing the trademark currently in use in US commerce and a fee per class. Subsequent declarations are filed at each 10-year renewal. A six-month grace period applies to each deadline, with an additional surcharge for late filing.

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