Section 8 Declaration of Continued Use
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Home | Trademark, Patents & Copyrights | Section 8 Declaration of Continued Use

Section 8 Declaration of Continued Use


2. Requirements for Filing

A. Continued Use.

Along with your Section 8 Declaration of Continued Use form, you must provide:

(1) a filing fee for each class of goods or service; and

(2) a specimen showing use of the mark for each class of goods or services.

Your Section 8 Declaration of Continued Use document includes a sworn statement signed by you (or someone authorized to sign for you) attesting to the continued use of your trademark in commerce.

B. Excusable Nonuse.

If you have not used your trademark continually for the 5 years following its registration, you must provide the USPTO with an acceptable circumstance beyond your control that forced your nonuse of the trademark. Such an excuse must be specific as to the reason for your nonuse or your trademark registration will be cancelled.

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