Frequently Asked Questions

What is Declaration under Class 8 and when should the owner of a registered mark file it?

By Mark C. McLeod

Updated a week ago

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1 minute read

All registered mark owners must file a Section 8 declaration, a specimen, and fee on a date that falls on or between the fifth (5th) and sixth (6th) anniversaries of the registration, informing the USPTO that the owner has been using the mark for the last five years. For an extra fee of $100.00 per class, you may extend this deadline and file a declaration of continuous use within the six-month grace period following the sixth (6th) anniversary date). FAILURE TO FILE A SECTION 8 DECLARATION WILL RESULT IN CANCELLATION OF THE REGISTRATION.