The USPTO seeks public comment on the possibility of amending federal law to shorten by two years the first filing deadline to demonstrate either use or excusable nonuse of a registered trademark. Although any such change would require a legislative amendment of the Trademark Act, and thus is beyond the authority of the agency, the USPTO wishes to collect public comment that might assist in the consideration of such an amendment, or another alternative. The goal would be to remove marks no longer in use, known as “deadwood,” from the register sooner.” Under this proposal, Sections 8 and 71 of the Trademark Act would be amended, requiring a trademark owner to file the first Affidavit of Declarations of Use or Excusable Nonuse within three to four years after the registration date, or the six-month grace period that follows. Under current law, owners must file their first Affidavit between five and six years after the registration date, or the six-month grace period that follows. A request for comments has published in the Federal Register, www.gpo.gov/fdsys/pkg/FR-2012-08-16/pdf/2012-20130.pdf, and responses are due by October 15, 2012.
