The owner of a registered trademark must make a declaration under § 8, stating that the trademark is currently being used in commerce. The declaration should include a sample of the trademark’s use. It is necessary to file this declaration every five to ten years after the trademark’s registration. Failure to file the declaration may result in the cancellation of the registration by the U.S. Patent and Trademark Office. This requirement is specified in § 8 of the Lanham Act.
A declaration under § 8 is a sworn statement that must be submitted by the owner of a registered trademark. Its purpose is to confirm that the trademark is currently being used in commerce and to provide evidence of its use. This declaration is legally required and must be filed at specific intervals in order to maintain the registration of the trademark. For instance, if a company has registered a trademark for their product, they would be required to file a declaration under § 8 in the fifth or sixth year after registration, and then every ten years thereafter. The declaration would serve to confirm that the trademark is still being used in commerce and would include evidence of its use, such as a sample of the product packaging or advertising materials. Failure to file a declaration under § 8 within the specified timeframe may result in the cancellation of the trademark registration by the U.S. Patent and Trademark Office.
A Declaration Under § 8 refers to a legal document filed under Section 8 of the United States Trademark Act, which requires trademark owners to file a declaration of continued use or excusable non-use of their registered trademark between the fifth and sixth year after registration.
A Declaration Under § 8 is due between the fifth and sixth year after the registration of a trademark. The exact deadline can be calculated based on the registration date.
If you fail to file a Declaration Under § 8 within the specified timeframe, your trademark registration may be canceled or deemed abandoned by the United States Patent and Trademark Office (USPTO).
No, there is no provision for requesting an extension to file a Declaration Under § 8. It is crucial to meet the deadline to maintain the validity of your trademark registration.
A Declaration Under § 8 requires the trademark owner to provide evidence of continued use of the registered mark in commerce, along with a specimen showing the mark’s use.
Yes, if your trademark is not in use, you can file a Declaration Under § 8 stating the reasons for non-use, such as temporary suspension of business operations or other valid justifications.
No, a Declaration Under § 8 can only be filed between the fifth and sixth year after the registration of a trademark. Filing it earlier would not be accepted by the USPTO.
Yes, the USPTO provides an online filing system called the Trademark Electronic Application System (TEAS) where you can file a Declaration Under § 8 electronically.
Yes, there are fees associated with filing a Declaration Under § 8. The current fee can be found on the USPTO’s official website or by contacting their customer service.
After filing a Declaration Under § 8, the USPTO will review the submission and determine whether the trademark owner has provided sufficient evidence of continued use or excusable non-use. If approved, the trademark registration will remain valid.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
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