Section 8 Declaration of Continued Use

Trademark Section 8 Declaration of Continued Use - Start a Section 8 Filing Online with LegalZoom

If 5 years have passed since you registered your trademark, you're required to submit a Declaration of Continued Use (also called a "Section 8" filing), proving your ongoing use of your mark (or excusing non-use). After that, you need to submit the declaration between the 9 and 10-year registration anniversary, and then every 10 years.

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Demonstrate to the USPTO You Are Currently Using Your Trademark with Section 8 Filing

A Section 8 Declaration of Continued Use is required by the USPTO to demonstrate that you're currently using your trademark in commerce or have a valid excuse for not using it.

Submit a Declaration of Continued Use if Five Years Have Passed Since Trademark Registration

If 5 years have passed since you registered your trademark, you need to submit a Section 8 Declaration of Continued Use to maintain registration of your trademark.

File a Section 8 Declaration of Continued Use with the USPTO Quickly and Easily

We can help you quickly prepare and file a Section 8 Declaration of Continued Use with the USPTO.

How it works

Complete our simple online questionnaire

1. Complete our simple online questionnaire

Complete our quick and easy questionnaire and submit a sample of your mark as it's currently used in commerce (or your excuse for non-use). If you need assistance, our customer care specialists are here to help.

Review your information

2. Review your information

Once your Section 8 Declaration of Continued Use is completed through the LegalZip® system, we'll email it to you for review and electronic signature.

We electronically file your Declaration of Continued Usewith the USPTO

3. We electronically file your Declaration of Continued Usewith the USPTO

Once we receive your e-signature, we'll file your Section 8 Declaration of Continued Use with the USPTO. You'll receive an email from us verifying that your submission is complete.

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Section 8 Declaration of Continued Use

$99

+ Federal filing fees

Includes

Completion of your Declaration of Continued Use

Filing of your completed Declaration of Continued Use with the USPTO

More details

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Common questions

When do I need to file my Declaration of Use?
The Declaration of Use (also referred to as a "Section 8" filing) must be filed between the 5th and 6th year following your trademark's registration date, between the 9th and 10th anniversary of your registration, and every 10-year interval after that.

If you've exceeded the sixth year by less than 6 months, you may pay an additional fee to file within the USPTO grace period. If you exceed the deadline by more than 6 months, your registration will be canceled. For more information, please contact us at (888) 791-0227 or ipsales@legalzoom.com.
What will I need to submit with my Declaration of Use order?
We'll need you to provide: (1) your USPTO trademark registration number, and (2) proof (called a "specimen") showing that you're using your trademark to sell the products ("goods") and/or services listed on your registration.

If your trademark is registered for products, examples of acceptable specimens include photos of product packaging, clothing tags or product labels that prominently display your trademark.

If your trademark is registered for services, examples of acceptable specimens include brochures, advertisements, or websites that prominently display your trademark associated with the services you're selling.
What is a Declaration of Incontestability ("Section 15")?
The Declaration of Incontestability (also referred to as a "Section 15" filing) is an optional filing. This is a sworn statement claiming "incontestable" rights, allowing the mark owner to request the highest status of protection under federal law. Once a Declaration of Incontestability is approved by the USPTO, an owner is protected against many legal challenges that people or businesses might raise to contest the owner's rights in the mark.

If you've been continuously using your trademark to sell the products and/or services listed on your registration for five (5) years, you may be able to file a Declaration of Incontestability with your Declaration of Use. You'll have this option when you fill out our questionnaire.

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