Ortynska Law works with clients across various industries, from IT and creative sectors to manufacturing and the game industry. Each sector has its own specifics regarding trademark strategy and long-term portfolio maintenance.
The gaming industry often involves extended development timelines and staged releases. As a result, the timing of trademark use and its proper evidence becomes strategically important. Failure to comply with use requirements can put even a properly registered mark at risk.
Trademark registration is not a one-time formality. Owners must periodically confirm that the mark is being used in commerce. For example, registrants should regularly file Declarations of Use by specific deadlines.
If a mark is not in use, the owner must provide a legally sufficient explanation. Without proper justification, the registration may be deemed abandoned, even if the business intends to use the mark in the future.
This is where a Declaration of Excusable Non-Use becomes a critical legal tool. However, not every delay or interruption in business activity qualifies as excusable.
Generally, the following circumstances do not excuse non-use:
- internal strategic decisions,
- financial difficulties,
- decreased demand,
- usage of the mark on other goods,
- holding a mark for future use without concrete steps toward use in commerce.
In such cases, the USPTO may determine that the mark has been abandoned due to non-use.
To prevent this outcome, Ortynska Law, acting as trademark representative of Krikzz, successfully substantiated the excusable non-use before the USPTO, ensuring the maintenance of the registration.
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, 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.