Trademarks: Proof of Use Audit by USPTO

If you have received a US trademark registration, be prepared to 'prove' your use of the trademark in commerce.

The USPTO will conduct audits at random of the declarations of use for marks registered for multiple goods or services in the same class.  At this time, the USPTO is estimated to audit up to 10 percent of the declarations of use filed each year.  It is believed that the percentage will increase depending on the results of the audit and the number of USPTO resources that are assigned to the project.

Read Dileep Rao's recent article on the topic published in NBIZ Magazine.

At Rao DeBoer Osterrieder, our goal is to help you understand complex aspects of Intellectual Property ("IP") as they apply to your business, like that trademark registrations. Contact us so we can help guide you through understanding of not only how to properly acquire trademark rights, but how to obtain and maintain a federal registration.

We look forward to speaking with you!

The views expressed in this article are those of the author and do not reflect the views of Rao DeBoer Osterrieder, PLLC, or any of its clients. All rights reserved.