Affidavit of Use

An Affidavit of Use is a sworn statement filed by a trademark owner with the USPTO attesting to the continued use of the mark in commerce. The affidavit must be filed between the 5th and 6th year after registration, and then every 10 years thereafter, to maintain the registration. The affidavit must include a specimen showing the current use of the mark on the goods or services, a statement that the mark is still in use, and a fee. Failure to file the affidavit can result in cancellation of the registration. Affidavits of use help to ensure that the trademark register accurately reflects marks that are actively used in commerce and to clear out abandoned or unused marks. They also help to strengthen the owner’s rights and deter potential infringers.