Section 8 Declaration of Use

A Section 8 Declaration is a sworn statement filed by the owner of a registration that the mark is in use in commerce for all of the goods/services listed in the registration — or a special basis for excusable non-use is provided. Goods/services listed in the registration that are not in use or able to claim excusable non-use will be removed from the registration in connection with the Section 8 Declaration. 

A Section 8 Declaration must be filed:

  1. between the fifth and sixth anniversary date of registration; and
  2. within the year before the end of every ten-year period after the date of registration.

A Section 8 Declaration filed between the fifth and sixth year after registration is often accompanied by a Section 15 Declaration of Incontestability.