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LSDefine
Simple English definitions for legal terms
Section 8 declaration
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A quick definition of Section 8 declaration:
A Section 8 declaration is a statement made by the owner of a registered trademark, confirming that the trademark is currently being used in commerce. The owner must provide a sample of the trademark's use. This declaration must be filed every five to ten years after the trademark's registration. If the owner fails to file the declaration on time, the trademark registration may be cancelled. This requirement comes from Section 8 of the Lanham Act.
A more thorough explanation:
A Section 8 Declaration is a statement made by the owner of a registered trademark. It confirms that the trademark is currently being used in commerce and provides evidence of its use. The declaration is submitted to the U.S. Patent and Trademark Office (USPTO) to maintain the trademark's registration.
The Section 8 Declaration must be filed within the fifth or sixth year after the trademark's registration and then every ten years thereafter. If the owner fails to file the declaration on time, the USPTO may cancel the trademark's registration.
Let's say a company registered the trademark "ABC" for its line of clothing in 2010. In 2015, the company must file a Section 8 Declaration to confirm that it is still using the "ABC" trademark for its clothing line. If the company fails to file the declaration, the USPTO may cancel the trademark's registration.