Declaration of Continued Use Law and Legal Definition

Pursuant to 15 USCS § 1058, declaration of continued use is a sworn statement, filed by the owner of a registration, that the trademark is in use in commerce. It must be filed by the current owner of the registration. The U.S. Patent and Trademark Office (USPTO) must receive the declaration during the following time periods:

  • At the end of the 6th year after the date of registration, and
  • At the end of each successive 10-year period after the date of registration.

A grace period of six-months is allowed. If the declaration is not filed at the prescribed period the USPTO can cancel the trademark registration.