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Client Success Story: Trademark Excusable Non-Use Declaration

Client Success Story: Trademark Excusable Non-Use Declaration

Ortynska Law serves as a trademark representative of Krikzz in successful justification of the excusable non-use before the USPTO. 

Krikzz is the brand that provides top-quality retro stuff for classic game systems, offering their EverDrive products in many countries around the world. Krikzz continues to protect their IP portfolio, including the timely maintenance of the trademark in the U.S. and filing the required examples of the ongoing trademark use to avoid trademark abandonment.

Unfortunately, due to the Russian aggression in Ukraine and the disruptive circumstances which are beyond client’s control, it has become impossible for Krikzz to use their trademark for a part of the goods.

As Krikzz’s representative, Mariya Ortynska has assessed the matter and prepared the Declaration of Excusable Non-Use of the mark, providing detailed and thorough explanations on why the use was unattainable and what steps are being taken to resume the use. While Declarations of Excusable Non-Use face scrutiny from the USPTO, Krikzz received a positive response from the USPTO, retaining trademark rights and gaining an additional opportunity to introduce products to the market in the future under their brand.

“Mariya Ortynska’s approach was truly professional. She outlined the available strategy, helping us make an informed decision, and prepared the Declaration with the explanations of our difficult situation. After receiving the acceptance from the USPTO, we could not be happier and more relieved.” shares Nataliya, the representative of the brand.

As a result, the client received a favorable outcome in a challenging context. 

Krikzz remains supported by Ortynska Law in all matters related to trademark protection. 

If you want to retain trademark attorney Mariya Ortynska to receive assistance in managing post-registration renewals and maintenance, book a consultation with Ortynska Law to receive a tailored strategy.

Prior results do not guarantee a similar outcome.

The maintenance of a registered trademark in the United States requires timely filings of the Statements of Use. If not filed, the trademark may eventually become abandoned. You can find detailed information on trademark renewal and maintenance in the article: Trademark Renewal and Maintenance: How to Keep Your Trademark Active