1613.02   Notice of When Affidavit or Declaration Is Due

A statement noting the requirement for filing the affidavits or declarations of use or excusable nonuse under §71 of the Act is included on each certificate of registration as originally issued.  15 U.S.C. §1141k(d).  This is the only notice that the USPTO provides regarding this requirement.  The holder must file the affidavit or declaration within the time periods required by §71 of the Act regardless of whether the holder receives the notice.  37 C.F.R. §7.38.  The USPTO does not provide any reminder of the due date(s) of the affidavits or declarations.