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A section 8 declaration is a signed statement filed by the trademark owner that either.
Section 8 trademark. Patent and trademark office uspto affirming that your federally registered trademark has been in use continuously for a period five years. 1 the trademark is in use in commerce with the goods or services listed in the registration. Failure to file it on time will result in the loss of the registration.
However whether a mark is available for use depends on many factors including whether the mark is currently being used. Failure to file the required section 8 affidavit will result in the automatic cancellation of your registration by the u s. As a general rule and for obvious public policy reasons the uspto will not allow trademark owners to sit on trademarks if they are not being used.
In other words a section 8 declaration is a sworn statement made by the owner that the trademark has been used continuously since the registration was granted. For registrations issued under the madrid. Under limited circumstances an owner can still retain the registration without proving use if the nonuse is excusable.
You must include the following information in a section 8 declaration. Or 2 the trademark is not in use in commerce due to special circumstances that excuse nonuse. As of september 29th 2020 there are 5 section 8 waiting lists that are open now opening soon or always open in florida.
A section 8 cancellation of a trademark registration occurs when a registrant fails to file a renewal of their trademark registration. The section 8 filing must include a specimen of use. In other words a section 8 declaration is a sworn statement made by the owner that the trademark has been used continuously since the registration was granted.
A section 8 trademark declaration is a statement made to the united states patent and trademark office uspto. You must file a section 8 declaration specimen and fee on a date that falls on or between the fifth 5th and sixth 6th anniversaries of the registration or for an extra fee of 100 00 per class you may file within the six month grace period following the sixth 6th anniversary date. Patent trademark office.
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