1、 What is a trademark oath?

Trademark oath refers to the process in which the trademark registrant declares to the trademark registration agency the actual commercial use of their trademark during the registration or maintenance process. This process aims to ensure the actual use of the trademark, avoid resource waste, and maintain the effectiveness of trademark rights and market order.

The main purpose of trademark oath is to ensure the actual use of the trademark, prevent the waste of trademark resources, and maintain the effectiveness of trademark rights and market order. In countries such as the United States, trademark oath taking is an important step in the process of trademark registration or maintenance. Failure to submit the oath on time may result in the invalidation of the trademark, thereby affecting brand registration and brand effectiveness.

The trademark oath usually includes the following contents:

Authenticity of Trademark Use: The applicant must ensure that the trademark has been used in formal commercial activities prior to the application, including the actual sale of goods or provision of services.

Legitimacy of Trademark Use: The applicant must swear that the use of the trademark does not infringe upon the intellectual property rights of others and has not engaged in false or misleading trademark use.

The applicant needs to prepare relevant supporting documents, such as a trademark registration certificate, a trademark license agreement, identification documents, etc., to support their oath content. The oath must be true, accurate, and complete, without any falsehood or omission.

In the United States, trademark oath is an important step in the process of trademark registration or maintenance. In China, although there is no such thing as a "trademark oath", in certain specific situations, such as opposition defense, revocation review, etc., it may be necessary to provide a statement or evidence about the use of the trademark. Other countries and regions may have different regulations and terminology to describe similar declaration processes.

       

2、 Which countries require a trademark oath

（1） United States

From the date of registration, use the oath for 5-6 years and 9-10 years.

If the submission cannot be made within the normal submission period, it can be submitted within a grace period of 6 months, but additional fees will be charged.

If a trademark is not used on certain goods or services, the trademark owner may submit a non use declaration explaining the reasonable reasons for the non use.

（2） Mexico

Trademark registered from August 10, 2018, with an oath of use within 3 years from the date of registration

At each renewal (every ten years), the actual valid use statement shall be submitted together with the renewal application.

（3） Philippines: Within 3 years from the date of application, 5-6 years after registration, and within 1 year from the expiration date of each renewal.

（4） Argentina: 5-6 years after trademark registration, at each renewal of the trademark.

（5） Cambodia: 5-6 years from registration date, 5-6 years from renewal date

（6） Haiti: Submit within the first 3 months of the 6th year from the registration date, and submit within the first 3 months of the 6th year from the previous expiration date after renewal.

（7） Puerto Rico: Submit within 3 years prior to the application date, 5-6 years and 9-10 years from the registration date.

（8） Mozambique: 5-6 years from the date of registration

（9） Applied through the Madrid channel (with 114 Madrid members covering 130 countries)