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Post-Registration Proof of Use Audit Program: Watch Out!

In case you have not yet heard, last November the United States Patent and Trademark Office (USPTO) made permanent a Post- Registration Proof of Use Audit Program which proved extremely successful during its provisional period.

This Program promotes the accuracy and integrity of the US Trademark Register. As you probably already know, trademark owners submit one specimen per class with six and ten-year declarations of use filed pursuant to the Trademark Act Section 8 or 71. The USPTO is now allowed to cancel audited registrations with unsubstantiated use claims or remove unsupported goods and services from others.

Trademarks that are not in use on all registered goods and services block registration of other future trademarks. Also, they allow trademark owners to maintain rights they no longer have.

Keep in mind that (1) if you file a Section 8&71 declaration of use, and (2) if your registration includes at least one class with four or more goods and services or it includes at least two classes with two or more goods or services in at least two classes; your registration is likely to be audited.

If your registration gets audited, you will receive an office action from the trademark examining attorney saying that your registration has been selected for audit. If you have already received such notification and you need our professional assistance, please email us at


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