Legal Definitions - Section 8 affidavit

A Section 8 affidavit, also known as a Declaration of Use, is a mandatory legal document filed with the United States Patent and Trademark Office (USPTO) to maintain a federally registered trademark.

This affidavit serves as proof that the trademark owner is still actively using their trademark in commerce for the goods or services specified in the registration. It is required by Section 8 of the Lanham Act (the primary federal trademark law in the U.S.) and must be filed at specific intervals: between the fifth and sixth year after the trademark's initial registration, and then every ten years thereafter.

Failing to file a Section 8 affidavit within the required timeframe can lead to the cancellation of the trademark registration, causing the owner to lose their federal protections and exclusive rights to the mark.

Here are some examples illustrating the Section 8 affidavit:

• Example 1: A New Tech Startup
  A company named "ByteBoost" successfully registered its logo and brand name for its cloud storage software in 2019. By 2024, five years after their registration, ByteBoost's legal team will need to prepare and file a Section 8 affidavit with the USPTO. This filing will include a sworn statement and evidence (such as screenshots of their software interface displaying the logo, or invoices for their services) demonstrating that "ByteBoost" is still actively being used in connection with their cloud storage software. This action is crucial to prevent their federal trademark registration from being canceled.
• Example 2: An Established Beverage Brand
  "AquaFlow," a popular bottled water company, has held a federal trademark registration for its distinctive wave-shaped logo since 1995. Every ten years since then (in 2005, 2015, and most recently in 2025), AquaFlow's legal department must file a Section 8 affidavit. Each filing confirms that the wave logo is continuously being used on their bottled water products sold across the country. This recurring filing ensures their long-standing exclusive rights to the logo remain intact and enforceable against potential infringers.
• Example 3: A Boutique Fashion Label
  "Thread & Needle," a small fashion label, registered its unique brand name for a line of custom-designed apparel in 2018. Five years later, in 2023, the owner needs to file a Section 8 affidavit. Even if their business has grown or slightly diversified its product offerings, the affidavit will specifically confirm that the "Thread & Needle" mark is still in use for the original category of goods (custom-designed apparel) as listed in their initial registration. This ensures the foundational protection for their core business remains valid.