The Basics of Trademark Section 8

Protecting your trademark isn’t just about the initial registration; it requires ongoing action to keep it active. One crucial step is filing a Trademark Section 8 Declaration. Here, we’ll break down what the Section 8 Declaration is, why it’s necessary, when to file it, and how it helps secure your brand.

Why the Section 8 Declaration Matters: Continuous Use & Trademark Maintenance

To keep your trademark active, you must continue using it in commerce and periodically file proof of this with the USPTO.

These filings help keep only actively used trademarks on the register, maintaining an accurate record and protecting trademark owners from potential disputes. This process benefits both active trademark owners and those searching for available marks, making the register more useful and up-to-date.

Key Timelines for Filing a Section 8 Declaration

First Filing Deadline: Between the 5th and 6th years after registration, file a Declaration of Use (or Excusable Nonuse). This keeps your registration active for the full 10-year period unless canceled. Filing a Section 8 Declaration is a legal requirement. Missing these filings could result in your trademark being canceled.

Subsequent Filings: Every 10 years after, file a Declaration of Use and Renewal Application.

Grace Period: If you miss these deadlines, a six-month grace period with a late fee is available.

What’s in a Section 8 Declaration? The Signed Statement Requirement

The Section 8 Declaration must include a signed statement that either:

- Confirms the trademark is in use for the goods or services listed.

- Explains that the trademark isn’t in use due to circumstances beyond the owner’s control.

This statement provides transparency, ensuring that only actively used trademarks remain registered.

Excusable Nonuse: When It Applies

“Excusable Nonuse” applies if specific circumstances prevent temporary use of the trademark. Situations like natural disasters or unexpected supply chain issues may qualify, provided the nonuse is temporary. However, reduced demand for a product doesn’t meet this standard.

Filing Fees for Section 8 Declarations

The fee for a Section 8 Declaration is $225 per class of goods or services if filed electronically. Missing the original deadline incurs a $100 late fee, emphasizing the importance of timely filing.

The Role of Protective Trademark Monitoring

While the Section 8 Declaration keeps your trademark active, regular protective monitoring searches help ensure that others aren’t infringing on your rights.

A protective trademark monitoring search reviews federal trademarks, state trademarks, and common law databases to identify possible conflicts, helping you address issues before they escalate into legal disputes.

Staying proactive with Section 8 filings and regular monitoring can ensure that your trademark remains secure and protects your brand identity effectively. If you need assistance, TradeMark Express offers expert guidance to help maintain your registration and safeguard your brand’s future.

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