TMEP 1604.04(b): Registrations in Twenty-Year Terms

October 2017 Edition of the TMEP

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1604.04(b)    Registrations in Twenty-Year Terms

As noted in TMEP §1604.04, §8(a)(2) of the Trademark Act, 15 U.S.C. §1058(a)(2), requires an affidavit or declaration of use or excusable nonuse at the end of each successive ten-year period following the date of registration for all registrations.  However, this requirement does not apply to a registration issued or renewed for a twenty-year term (i.e., a registration issued or renewed before November 16, 1989) until a renewal application is due. See 1228 TMOG 187, 189 (Nov. 30, 1999).

Example :  If a registration was issued or renewed on November 15, 1989, no §8(a)(2) affidavit or declaration is due between November 15, 1998 and November 15, 1999.  Section 8(a)(2) of the Act does not apply until the renewal application is due, i.e., between November 15, 2008 and November 15, 2009.