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What is a Section 8 affidavit in trademarks?

A Section 8 Trademark Declaration is a statement made to the United States Patent and Trademark Office (USPTO). It confirms your federal trademark has been in continuous use for five years. ... This affidavit is your sworn oath that the trademark is still being used commercially.

What is a Section 9 Renewal trademark?

For your trademark registration to remain valid, you must file a Section 9 Trademark Renewal between the 9-year and 10-year anniversaries of your original registration, and at each subsequent 10-year interval. The USPTO grants a 6-month extension to file the Section 9 Trademark Renewal after the ten-year mark.

How much does it cost to renew a trademark?

Renewing Your Trademark Registration. Separately from the requirement to declare continued use of your trademark, you must renew the registration. This is done every ten years. The renewal is more expensive the current government fee is $300 for each class of goods or services.

How often do you have to renew a trademark?

Of note, the ten-year renewal requirement is currently perpetual. In other words, you can keep your trademark registered for as long as it is kept in use, but you must renew it every 10 years.

What is Section 8 Declaration trademark?

A Section 8 Trademark Declaration is a statement made to the United States Patent and Trademark Office (USPTO). It confirms your federal trademark has been in continuous use for five years. Those who fail to file their Section 8 Trademark Declaration on time will lose their registration.

Can you renew an expired trademark?

Registration Renewal and Grace Period Your trademark registration is good for ten years from your completed application date: the date you filed the application and paid the registration fee. You may renew your registration nine years after the application date or within six months after your registration lapses.

What is a declaration of use trademark?

A Section 8 Declaration is a statement made to the U.S. Patent and Trademark office (USPTO) affirming that your federally registered trademark has been in use continuously for a period five years. Failure to file it on time will result in the loss of the registration.

What is a declaration of use?

By Richard Stem, Attorney. A Section 8 Declaration is a statement made to the U.S. Patent and Trademark office (USPTO) affirming that your federally registered trademark has been in use continuously for a period five years.

What is a declaration of Incontestability?

After five years of consecutive use from the date of federal registration, a trademark may be declared incontestable. An incontestable mark is immune from challenge except if it has become the generic term for the goods or abandoned for nonuser, or if the registration was acquired under fraudulent conditions.

Do you need to renew trademarks?

Separately from the requirement to declare continued use of your trademark, you must renew the registration. This is done every ten years. The renewal is more expensive the current government fee is $300 for each class of goods or services.

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