Has COVID-19 kept you from using your trademark?

Introduction and context about the USPTO bulletin and its implications for trademark owners

The United States Patent and Trademark Office (USPTO) sent a bulletin April 9, 2021 to alert trademark owners with upcoming deadlines for a registration maintenance filing that they may be eligible to be temporarily excused from using their trademark if COVID-19 has directly impacted them or their business and temporarily prevented them from using their trademark. If you are a trademark owner who has not been able to use your trademark due to COVID-19, you may request to be temporarily excused from using your trademark.

Detailed instructions for trademark owners on how to file their section 8 or section 71 declaration

According to the recent bulletin, when you file your section 8 or section 71 declaration, you must include: An explanation of how COVID-19 has affected you or your business and caused you to temporarily stop using your trademark for the products and services covered by your registration, the date your trademark was last used, the steps you're taking to resume use, and, the approximate date you expect to resume using your trademark.

Further resources and contact information for trademark owners who have additional questions

You can read more about excusable nonuse of your trademark in the Trademark Manual of Examining Procedure (TMEP) sections 1604.11 and 1613.11. Still have questions? Contact your Trademarkia® attorney directly, or schedule time with an attorney here.

Conclusion

Trademark owners who have been impacted by COVID-19 may be eligible for temporary excusal from using their trademark. The United States Patent and Trademark Office (USPTO) has provided detailed instructions on how to file a section 8 or section 71 declaration, including the requirement to explain how COVID-19 has affected their business and caused a temporary halt in trademark usage. Additional resources and contact information for trademark owners with questions are available in the Trademark Manual of Examining Procedure (TMEP) sections 1604.11 and 1613.11.