When you file a trademark , you may be required to file a §8 Declaration of Continued Use. This is a sworn statement made by the owner of the registration that the mark is in use in commerce. The name of the declaration comes from the statute that requires the filing – Section 8 of the Trademark Act, 15 U.S.C. §1058. If the owner of the trademark is claiming excusable nonuse, the §8 Declaration of Excusable Nonuse may be filed. The goal of these types of declarations is to remove all trademarks from the register that are no longer being used.
Failure to file the §8 Declaration will result in the registration of your mark being cancelled. There are strict deadlines for these filings, so if you need assistance, please contact us. You should note that the USPTO does not have the ability to waive or extend the deadline for filing the §8 Declaration. Additionally, if your trademark registration is cancelled for failure to timely file a §8 Declaration, there is not a procedure for reinstating your mark without making a new application to register the mark again.
According to the USPTO website , the owner of the registration must file a §8 Declaration during the following time periods:
A filing made within six months of the above deadlines will be considered as timely if an additional fee is paid.
If you need assistance with registering a trademark or filing a §8 Declaration, contact the legal team at The Swenson Law Firm to schedule an initial consultation.
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