Section 8 Declaration of Excusable Nonuse

A sworn statement filed by the owner of a registration that the mark is not in use in commerce due to special circumstances that excuse such nonuse and is not due to any intention to abandon the mark.

This declaration must be filed by the current owner of the registration and the USPTO must receive the declaration during the following time periods:

  • By the end of the 6th year after the date of registration, and
  • By 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. Once the USPTO accepts the Section 8 Declaration of Excusable Nonuse, the owner of the registration is not required to file another Section 8 Declaration until the next statutory filing period.