US Code

Public Law 119-73 (01/23/2026)

15 U.S.C. § 1058

Duration, affidavits and fees

(a)

Time periods for required affidavits

Each registration shall remain in force for 10 years, except that the registration of any mark shall be canceled by the Director unless the owner of the registration files in the United States Patent and Trademark Office affidavits that meet the requirements of subsection (b), within the following time periods:
(1)
section 1062(c) of this title Within the 1-year period immediately preceding the expiration of 6 years following the date of registration under this chapter or the date of the publication under .
(2)
Within the 1-year period immediately preceding the expiration of 10 years following the date of registration, and each successive 10-year period following the date of registration.
(3)
The owner may file the affidavit required under this section within the 6-month grace period immediately following the expiration of the periods established in paragraphs (1) and (2), together with the fee described in subsection (b) and the additional grace period surcharge prescribed by the Director.
(b)

Requirements for affidavit

The affidavit referred to in subsection (a) shall—
(1)
(A)
state that the mark is in use in commerce;
(B)
set forth the goods and services recited in the registration on or in connection with which the mark is in use in commerce;
(C)
be accompanied by such number of specimens or facsimiles showing current use of the mark in commerce as may be required by the Director; and
(D)
be accompanied by the fee prescribed by the Director; or
(2)
(A)
set forth the goods and services recited in the registration on or in connection with which the mark is not in use in commerce;
(B)
include a showing that any nonuse is due to special circumstances which excuse such nonuse and is not due to any intention to abandon the mark; and
(C)
be accompanied by the fee prescribed by the Director.
(c)

Deficient affidavit

If any submission filed within the period set forth in subsection (a) is deficient, including that the affidavit was not filed in the name of the owner of the registration, the deficiency may be corrected after the statutory time period, within the time prescribed after notification of the deficiency. Such submission shall be accompanied by the additional deficiency surcharge prescribed by the Director.

(d)

Notice of requirement

section 1062(c) of this titleSpecial notice of the requirement for such affidavit shall be attached to each certificate of registration and notice of publication under .

(e)

Notification of acceptance or refusal

The Director shall notify any owner who files any affidavit required by this section of the Director’s acceptance or refusal thereof and, in the case of a refusal, the reasons therefor.

(f)

Designation of resident for service of process and notices

If the owner is not domiciled in the United States, the owner may designate, by a document filed in the United States Patent and Trademark Office, the name and address of a person resident in the United States on whom may be served notices or process in proceedings affecting the mark. Such notices or process may be served upon the person so designated by leaving with that person or mailing to that person a copy thereof at the address specified in the last designation so filed. If the person so designated cannot be found at the last designated address, or if the owner does not designate by a document filed in the United States Patent and Trademark Office the name and address of a person resident in the United States on whom may be served notices or process in proceedings affecting the mark, such notices or process may be served on the Director.

July 5, 1946, ch. 54060 Stat. 431Pub. L. 93–596, § 188 Stat. 1949Pub. L. 97–247, § 896 Stat. 320Pub. L. 100–667, title I, § 110102 Stat. 3939Pub. L. 105–330, title I, § 105112 Stat. 3066Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(b)(1)(B), (C)]113 Stat. 1536Pub. L. 107–273, div. C, title III, § 13207(b)(3)116 Stat. 1906Pub. L. 111–146, § 3(d)(1)124 Stat. 67(, title I, § 8, ; , , ; , , ; , , ; , , ; , , , 1501A–583; , , ; , , .)

Editorial Notes

Prior Provisions

Act Feb. 20, 1905, ch. 592, § 1233 Stat. 727, .

Amendments

Pub. L. 111–1462010— amended section generally. Prior to amendment, section related to duration of registrations, affidavits of continuing use, grace period for submissions and correction of deficiencies, certain notice requirements related to affidavits, and designation of resident for service of process and notices.

Pub. L. 107–2732002—Subsec. (f). amended subsec. (f) generally. Prior to amendment, text read as follows: “If the registrant is not domiciled in the United States, the registrant shall designate by a written document filed in the Patent and Trademark Office the name and address of some person resident in the United States on whom may be served notices or process in proceedings affecting the mark. Such notices or process may be served upon the person so designated by leaving with that person or mailing to that person a copy thereof at the address specified in the last designation so filed. If the person so designated cannot be found at the address given in the last designation, such notice or process may be served upon the Director.”

Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(b)(1)(B)]1999—Subsecs. (a) to (c). , substituted “Director” for “Commissioner” wherever appearing.

Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(b)(1)(B), (C)]Subsec. (e). , amended subsec. (e) identically, substituting “Director” for “Commissioner”.

Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(b)(1)(B)]Subsec. (f). , substituted “Director” for “Commissioner”.

Pub. L. 105–3301998— amended section catchline and text generally. Prior to amendment, text consisted of subsecs. (a) to (c) relating to affidavits of continuing use, registrations published under other provisions of law, and notification of acceptance or refusal of affidavits.

Pub. L. 100–6671988—Subsec. (a). substituted “ten” for “twenty” and “setting forth those goods or services recited in the registration on or in connection with which the mark is in use in commerce and attaching to the affidavit a specimen or facsimile showing current use of the mark, or showing that any” for “showing that said mark is in use in commerce or showing that its”.

Pub. L. 97–2471982—Subsecs. (a), (b). struck out “still” after “showing that said mark is”, and inserted “in commerce” after “use”.

Pub. L. 93–5961975—Subsecs. (a), (b). substituted “Patent and Trademark Office” for “Patent Office”.

Statutory Notes and Related Subsidiaries

Effective Date of 1999 Amendment

Pub. L. 106–113Pub. L. 106–113section 1 of Title 35Amendment by effective 4 months after , see section 1000(a)(9) [title IV, § 4731] of , set out as a note under , Patents.

Effective Date of 1998 Amendment

Pub. L. 105–330section 110 of Pub. L. 105–330section 1051 of this titleAmendment by effective on the date that is 1 year after , see , set out as a note under .

Pub. L. 105–330, title I, § 109(a)112 Stat. 3069

15 U.S.C. 1058section 110 of Pub. L. 105–330section 1051 of this title“The provisions of section 8 of the Trademark Act of 1946 [], as amended by section 105 of this Act, shall apply to a registration for trademark issued or renewed for a 20-year term, if the expiration date of the registration is on or after the effective date of this Act [probably should be “this title”, see , set out as an Effective Date of 1998 Amendment note under ].”
, , , provided that:

Pub. L. 105–330section 109(b) of Pub. L. 105–330section 1051 of this titleFor provisions relating to applicability of amendment by to applications for registration of trademarks, see , set out as a note under .

Pub. L. 105–330, title I, § 109(c)112 Stat. 3069

15 U.S.C. 105815 U.S.C. 1062(c)section 110 of Pub. L. 105–330section 1051 of this title“The provisions of section 8 of the Trademark Act of 1946 [], as amended by section 105 of this Act, shall apply to the filing of an affidavit if the sixth or tenth anniversary of the registration, or the sixth anniversary of publication of the registration under section 12(c) of the Trademark Act of 1946 [], for which the affidavit is filed is on or after the effective date of this Act [probably should be “this title”, see , set out as an Effective Date of 1998 Amendment note under ].”
, , , provided that:

Effective Date of 1988 Amendment

Pub. L. 100–667section 136 of Pub. L. 100–667section 1051 of this titleAmendment by effective one year after , see , set out as a note under .

Effective Date of 1982 Amendment

Pub. L. 97–247section 17(c) of Pub. L. 97–247section 294 of Title 35Amendment by effective six months after , see , set out as a note under , Patents.

Effective Date of 1975 Amendment

Pub. L. 93–596section 4 of Pub. L. 93–596section 1111 of this titleAmendment by effective , see , set out as a note under .

Repeal and Effect on Existing Rights

section 1051 of this titleRepeal of inconsistent provisions, effect of this chapter on pending proceedings and existing registrations and rights under prior acts, and saving clause, see notes set out under .

References to Trademark Act of 1946

Pub. L. 105–330, title I, § 102112 Stat. 3064

section 1051 of this title15 U.S.C. 1051“For purposes of this title [see Short Title of 1998 Amendment note set out under ], the Act entitled ‘An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes’, approved ( et seq.), shall be referred to as the ‘Trademark Act of 1946’.”
, , , provided that:

Pending Applications

Act July 5, 1946, ch. 540, title XI, § 51Pub. L. 100–667, title I, § 135102 Stat. 3948

section 1051 of this title“All certificates of registration based upon applications for registration pending in the Patent and Trademark Office on the effective date of the Trademark Law Revision Act of 1988 [see Effective Date of 1988 Amendment note set out under ] shall remain in force for a period of 10 years.”
, as added , , , provided that:

Executive Documents

Transfer of Functions

64 Stat. 1263For transfer of functions of other officers, employees, and agencies of Department of Commerce, with certain exceptions, to Secretary of Commerce, with power to delegate, see Reorg. Plan No. 5 of 1950, §§ 1, 2, eff. , 15 F.R. 3174, , set out in the Appendix to Title 5, Government Organization and Employees.