Register Time Affidavit
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What is a Section 8 and 15 affidavit?
Sections 8 & 15 Affidavits. An Affidavit of Use under 15 U.S.C. §1058 (Section 8) must be filed between the fifth and sixth years of registration. This filing proves that the mark is still being used in commerce. A six-month grace period for filing the Section 8 exists as long as the required fee is paid.
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.
What is declaration of Incontestability?
Declaration of incontestability under §15 A Section 15 declaration of incontestability is a signed statement that the owner claims incontestable rights in a trademark and continuous use of the trademark for five years. This declaration can only be filed for trademarks that are registered on the Principal Register.
Can trademarks expire?
Unlike patents and copyrights, trademarks do not expire after a set period of time. Trademarks will persist so long as the owner continues to use the trademark. Once the United States Patent and Trademark Office (USPTO), grants a registered trademark, the owner must continue to use the trademark in ordinary commerce.
How often do you have to renew trademarks?
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.
Does a trademark need to be renewed?
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.
What happens if a trademark is not renewed?
You cannot usually revive your trademark registration. Once it's abandoned, it's abandoned. It's not an issue with renewal, so there is no new examination of your trademark application. If your trademark registered 50 years ago and the rules changed, but your trademark is registered, it's easy for you to renew it.
How long does trademark protection last?
The term of a federal trademark is 10 years, with 10-year renewal terms. However, the USPTO requires that between the fifth and sixth year after the date of registration, the registrant must file an affidavit stating that the mark is still in use.
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