1613.22    Post Registration Audit

To promote the accuracy and integrity of the trademark register and preserve the register as a reliable reflection of marks in use in commerce, the USPTO conducts random audits of §71 affidavits or declarations in which the mark is registered for more than one good or service per class under 37 C.F.R §7.37(b).

If a §71 affidavit or declaration is selected for audit, the USPTO will require the holder to submit proof of use for goods and/or services in addition to those supported by the required specimen(s) showing current use of the registered mark in commerce. See 37 C.F.R §7.36. In response to an Office action issued in connection with the audit, the owner must provide proof of use for selected goods and/or services or delete all goods and/or services for which proof of use cannot be provided from the registration. In addition, for each submission in which an owner deletes goods and/or services from the registration after filing the §71 affidavit or declaration, whether in connection with an audit or not, the USPTO will assess a per-class fee for deletion. See 37 C.F.R §§7.6(a)(6)(iii), (iv), 7.37(c).

Additional information about the audit may be found on the USPTO website Audit webpage.