What is a Section 8 declaration?

A Section 8 Declaration is a required filing stating that the registered trademark is currently in use in commerce for the listed goods or services, or that qualifying circumstances excuse temporary nonuse. When claiming use, the filing includes a specimen showing current use.

Trademark maintenance deadlines are measured from the federal registration date, not the original application filing date. Owners should keep their contact information current and monitor the USPTO record so important deadlines are not missed.

Federal can remain active indefinitely, but only if the owner continues to meet legal requirements. Unlike a patent with a fixed term, a trademark registration must be maintained through continued qualifying use and periodic filings with the USPTO.

For most U.S. registrations, a Section 8 declaration is due between the fifth and sixth anniversaries of registration. A combined Section 8 and Section 9 filing is generally due between the ninth and tenth anniversaries and every 10 years thereafter. A six-month grace period is generally available after these deadlines with additional fees.

A specimen is evidence showing how the trademark is actually presented to customers in commerce for the goods or services listed in the application.

A Section 8 filing is a declaration to the USPTO confirming continued use of a registered mark in commerce, or qualifying excusable nonuse, for the goods and services that will remain in the registration.