Pierre, a citizen of a foreign country, obtains a registration of his mark PARIS LIFE in the United States on June 1, 2016, even though he has never used the mark in his home country. What obligations are imposed on Pierre with respect to maintenance of his mark in the United States?

Question

What will be an ideal response?

Answer 1

The obligations imposed on Pierre are the same as those imposed on U.S. citizens. He must file an Affidavit/Declaration of Use between years five and six after registration and every 10 years and he must file a renewal every 10 years. Thus, although Pierre obtains his U.S. registration without ever having used the mark, the registration will be cancelled unless Pierre can show use in the United States between years five and six (and possibly within three years in order to avoid an allegation of abandonment).