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

Section 8 Declaration of Continued Use


1. Section 8 Declaration of Continued Use

For a trademark registration to remain valid, you must file a Declaration of Continued Use or Excusable Nonuse ("Declaration of Continued Use") with the U.S. Patent and Trademark Office (USPTO) between the 5-year and 6-year anniversaries following your trademark registration (or file a Request for Extension and pay a fee of $100 per class). Subsequent filings are due between the 9th and 10th anniversary of your registration and every 10-year interval after that. This requirement ensures that your trademark is still used in commerce, or that you provide the USPTO with a valid reason for its nonuse.

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© LegalZoom.com, Inc. All rights reserved.

Disclaimer: Communications between you and LegalZoom are protected by our Privacy Policy but not by the attorney-client privilege or as work product. LegalZoom provides access to independent attorneys and self-help services at your specific direction. We are not a law firm or a substitute for an attorney or law firm. We cannot provide any kind of advice, explanation, opinion, or recommendation about possible legal rights, remedies, defenses, options, selection of forms or strategies. Your access to the website is subject to our Terms of Use.

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