Declaration of Excusable Nonuse Law and Legal Definition

Pursuant to 15 USCS § 1058, declaration of excusable nonuse is a sworn statement, filed by the owner of a registration, that the mark is not in use in commerce due to special circumstances that excuse such nonuse and is not due to any intention to abandon the mark. If the owner is claiming excusable nonuse of the mark, a declaration of excusable nonuse should be filed. The purpose of the declaration is to remove marks no longer in use from the register.

The owner of the registration must file a declaration during the following time periods:

  • A declaration should be filed between the 5th and 6th years after the registration date. If the declaration is accepted, the registration will continue in force for the remainder of the ten-year period from the registration date. However, it can be cancelled by an order of the Commissioner for Trademark or a federal court.
  • According to 15 USCS § 1059, an application for renewal can be filed between the 9th and 10th years after the registration date, and between every 9th and 10th year after the registration date.

A declaration of excusable nonuse will also be accepted if filed within six months after the deadlines listed above with the payment of an additional fee.

If the declaration is not filed under the prescribed periods the registration of the trademark will be cancelled.