Legal Definitions - Section 8 declaration

A Section 8 declaration is a mandatory legal document filed with the U.S. Patent and Trademark Office (USPTO) by a trademark owner. Its purpose is to affirm, under penalty of perjury, that a registered trademark is still actively being used in commerce in connection with the goods or services specified in the registration.

This declaration is crucial for maintaining a trademark registration. It must be filed at specific intervals: between the fifth and sixth year after the initial registration date, and then every ten years thereafter. Failure to file a Section 8 declaration within the required timeframe will result in the cancellation of the trademark registration.

Here are some examples illustrating the Section 8 declaration:

• Example 1: A Local Coffee Shop Chain

  Imagine "Morning Brew," a regional coffee shop chain, successfully registered its distinctive logo and name as a trademark five years ago. As the sixth anniversary of their registration approaches, the owner of Morning Brew receives a reminder from their legal counsel about the upcoming deadline for filing a Section 8 declaration. The owner then gathers evidence, such as recent menus, coffee cups, and marketing materials displaying the "Morning Brew" logo, to demonstrate that the trademark is still actively used in selling coffee and related products. This evidence is submitted along with the declaration to the USPTO.

  This example illustrates the Section 8 declaration because Morning Brew is confirming to the USPTO that its registered trademark is still in active use for its coffee business, fulfilling the legal requirement to maintain its registration.

• Example 2: A Software Development Company

  "CodeFlow Solutions" developed a unique project management software called "TaskMaster" and registered its name as a trademark ten years ago. Now, as the ten-year renewal period approaches, CodeFlow Solutions must file a Section 8 declaration. They compile screenshots of the "TaskMaster" software interface, recent license agreements with clients, and marketing brochures, all clearly showing the "TaskMaster" trademark in use for their software services. This documentation accompanies their declaration to the USPTO.

  This example demonstrates the Section 8 declaration as CodeFlow Solutions is providing proof of continued commercial use of the "TaskMaster" trademark for its software, ensuring the trademark remains registered and protected.

• Example 3: An Independent Fashion Designer

  An independent designer, Sarah, launched her clothing line "Ethereal Threads" eight years ago and registered the brand name and a unique fabric pattern as trademarks. She successfully filed her first Section 8 declaration between the fifth and sixth year. Now, as she approaches the 10-year mark, she is preparing for her next Section 8 filing. She collects photographs of her latest clothing collections featuring the "Ethereal Threads" label and the distinctive fabric pattern, invoices from retailers carrying her line, and screenshots from her e-commerce website. This evidence will be part of her declaration to confirm the ongoing use of her trademarks in selling apparel.

  This example highlights the Section 8 declaration as Sarah is proactively demonstrating that her "Ethereal Threads" trademarks are still actively used on her clothing products, which is essential for preserving her intellectual property rights.