--- kind: "section" citation: "37 C.F.R. § 2.160" title: "37" number: "2.160" heading: "Affidavit or declaration of continued use or excusable nonuse required to avoid cancellation of registration." url: "https://uscodex.org/cfr/37/2.160" --- # §2.160. Affidavit or declaration of continued use or excusable nonuse required to avoid cancellation of registration. - (a) During the following time periods, the owner of the registration must file an affidavit or declaration of continued use or excusable nonuse, or the registration will be cancelled: - (1) - (i) For registrations issued under the Trademark Act of 1946, on or after the fifth anniversary and no later than the sixth anniversary after the date of registration; or - (ii) For registrations issued under prior Acts, on or after the fifth anniversary and no later than the sixth anniversary after the date of publication under section 12(c) of the Act; and - (2) For all registrations, within the year before the end of every ten-year period after the date of registration. - (3) The affidavit or declaration may be filed within a grace period of six months after the end of the deadline set forth in paragraphs [(a)(1)](#a-1) and [(a)(2)](#a-2) of this section, with payment of the grace period surcharge per class required by section 8(a)(3) of the Act and [§ 2.6](/cfr/37/2.6.md). - (b) For the requirements for the affidavit or declaration, see [§ 2.161](/cfr/37/2.161.md). ## Notes ### Amendments [64 FR 48924, Sept. 8, 1999, as amended at 75 FR 35976, June 24, 2010] ### Authority Authority: Secs. 2.161 to 2.165 also issued under sec. 8, 60 Stat. 431; 15 U.S.C. 1058. ### Authority Authority: 15 U.S.C. 1113, 1123; 35 U.S.C. 2; sec. 10, Pub. L. 112-29, 125 Stat. 284; Pub. L. 116-260, 134 Stat. 1182, unless otherwise noted. Sec. 2.99 also issued under secs. 16, 17, 60 Stat. 434; 15 U.S.C. 1066, 1067. ### Source Source: 30 FR 13193, Oct. 16, 1965, unless otherwise noted. ### Amendments [64 FR 48924, Sept. 8, 1999, as amended at 75 FR 35976, June 24, 2010]