Blog: Legal Developments

In the United States, trademark rights are acquired through use of a mark in commerce. As a result, one seeking to register a mark with the U.S. Patent and Trademark Office (USPTO) must either be using that mark in commerce or have a genuine intent to use it  in the future. To maintain a U.S. trademark registration, the registrant is required to periodically file maintenance documents that evidence the use of the mark in commerce and include a specimen (i.e., a real-world example) that shows the mark as it is used in commerce for the goods or services. However, in recent years, the integrity of the U.S. trademark registry has been compromised by a growing number of registrations that do not reflect actual commercial use or were filed without a legitimate intent to use the mark in commerce. These registrations—many of which are maintained without proper use—unnecessarily clutter the registry, create barriers for legitimate trademark applicants, and undermine the system’s efficiency.