Legal Definitions - combined § 8 and § 15 affidavit

A combined § 8 and § 15 affidavit is a single, sworn legal document filed with the U.S. Patent and Trademark Office (USPTO) by a trademark owner. This document simultaneously fulfills two distinct requirements under the Lanham Act, the primary federal trademark law in the United States:

• Section 8 (Declaration of Use): This part of the affidavit confirms that the trademark is still actively being used in commerce for the goods or services listed in its registration. This filing is mandatory at specific intervals (between the 5th and 6th year after registration, and then every 10 years) to maintain the trademark registration.
• Section 15 (Declaration of Incontestability): This part of the affidavit declares that the trademark has been in continuous use for five consecutive years after its registration date, provided certain legal conditions are met. Achieving "incontestable" status significantly strengthens the trademark owner's legal rights and protection against future challenges to the trademark's validity.

By filing this combined affidavit, a trademark owner efficiently satisfies both obligations with one submission, ensuring their trademark registration remains active and enjoys enhanced legal protection.

Examples:

• Scenario 1: A Growing Startup Seeking Stronger Protection

  "BrightBite Snacks" is a startup that registered its trademark for healthy snack bars five years ago. They have consistently sold their products under this brand name since then. As they approach the five-year anniversary of their registration, they need to file a Section 8 affidavit to prove continued use and keep their registration active. Since they have also used the trademark continuously for five years, they are eligible to declare it incontestable under Section 15. By filing a combined § 8 and § 15 affidavit, BrightBite Snacks efficiently ensures their registration remains valid and simultaneously secures the stronger legal protection that comes with incontestability, which is crucial as they plan to expand into new markets.

• Scenario 2: An Established Business Streamlining Compliance

  "AquaFlow Plumbing" has been a registered trademark for a plumbing service company for ten years. They previously filed their initial Section 8 affidavit between the fifth and sixth year but did not file a Section 15 declaration at that time. Now, at the ten-year mark, they are due for their next mandatory Section 8 filing to confirm ongoing use of their trademark. Recognizing the benefit of enhanced protection, AquaFlow Plumbing decides to also file for incontestability. They submit a combined § 8 and § 15 affidavit to the USPTO, fulfilling their periodic use requirement and finally obtaining incontestable status for their trademark in a single, streamlined process.

• Scenario 3: A Small Business Protecting Its Unique Service Mark

  "Zenith Wellness Studio" registered its service mark for meditation and mindfulness classes six years ago. The owner has diligently provided these services under the Zenith Wellness Studio name without interruption. As they are within the window for their first mandatory Section 8 filing (between the 5th and 6th year), and having met the five-year continuous use requirement, the owner decides to file a combined § 8 and § 15 affidavit. This action not only keeps their service mark registration active but also provides the strongest possible legal standing for their brand, protecting their unique business identity from potential challenges as they consider licensing their program to other studios.