Tips from the Trademark Insider: Keep Your Trademark Portfolio Updated

An increasing number of registrations in the U.S. Patent & Trademark Office (“USPTO”) are being cancelled due to inaccurate descriptions of goods/services, inaccurate dates of first use, and other relevant information included in the application, registration and post-registration process. For example, in one recent case the USPTO cancelled a registration based on an inaccurate statement of use that included clothing items for men, women and children when, at the time the applicant filed the statement of use, the mark was only being used on women’s clothing and accessories. Although the registrant attempted to eliminate the erroneous goods at a later date, the USPTO still found fraud against the Office stating that a subsequent attempt does not remedy the fraud at the time the statement of use was filed. Therefore, before signing any paper before the USPTO, or having your representative do the same, be certain that all information is accurate and current. In other words, conduct a thorough investigation to ensure the mark is actively being used on each and every good and service listed in the application or registration and that the first use date is accurate.

The Trademark Company