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LSDefine
Simple English definitions for legal terms
Section 8 affidavit
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A quick definition of Section 8 affidavit:
A Section 8 affidavit is a statement made by the owner of a registered trademark, declaring that the trademark is currently being used in commerce. The affidavit must be filed every five to six years after registration and before the end of every ten-year period. If the owner fails to file the affidavit on time, the registration may be cancelled. The affidavit is also known as an affidavit of continued use, affidavit of use, or statement of use.
A more thorough explanation:
A Section 8 affidavit is a legal document that trademark owners must submit to the U.S. Patent and Trademark Office. It is a sworn statement that confirms the registered trademark is currently in use in commerce. The affidavit must include a specimen or facsimile of the mark's use.
The Section 8 affidavit must be filed within the fifth or sixth year following registration and the year before the end of every ten-year period after the date of registration. If the trademark owner fails to file the affidavit within the required time, the registration may be canceled.
For example, if a company registered a trademark for their logo in 2010, they would need to file a Section 8 affidavit in 2015 or 2016 and then every ten years after that to maintain the registration.
Another example would be if a company registered a trademark for their product name in 2012. They would need to file a Section 8 affidavit in 2017 or 2018 and then every ten years after that to keep the registration.