Inaccurate Declaration of Use May Invalidate Your Trademark
Before applying for a trademark, carefully consider the goods and services with which you plan to use your mark. It is better to be precise, otherwise you may lose your trademark protection.
During the application process and before the issuance of a registration number, a trademark applicant must declare whether the mark will be used in connection with all the goods or services listed in the application. Afterward, the trademark owner must periodically make similar declarations in order to renew the registration.
In the U.S., you can only register a mark for actual use. For example, you cannot declare that the mark is used in conjunction with all types of apparel when you only use the mark with accessories for women. Recent decisions from the Trademark Trial and Appeal Board (TTAB) suggest that inaccurate declarations of use may be considered fraudulent and invalidate the trademark in its entirety. Although fraud normally requires a willingness or knowing element, the TTAB has reasoned that trademark applicants are in a position to know whether their declaration of use is accurate. Therefore, any inaccuracies may amount to fraud.
Every line in the application form has legal significance! Carefully examine and document how you use or intend to use your mark in order to avoid an inaccurate declaration of use on your application. By omitting uses on your application or renewal, you may lose protection for the mark in connection with that particular good or service. But by being over inclusive, you may end up with no protection at all.
For assistance with registering trademarks or for information regarding proper filing methods, contact a competent trademark attorney.
