Section 8 Declaration of Continued Use

A sworn statement filed by the owner of a registration that the mark is in use in commerce. The declaration must be filed by the current owner of the registration. The USPTO must receive the declaration during each of the following time periods:

  • At the end of the 6th year after the date of registration, and
  • At the end of each successive 10-year period after the date of registration.

There is a six-month grace period for each of the above deadlines. If the Section 8 Declaration is not filed by the end of the grace period, the USPTO will cancel the registration.