Registrations to which Section 8 Affidavit Pertains as per Section 8 of the Trademark Act:
Six-year Section 8 Affidavits:
Under Section 8 of the Trademark Act, an affidavit or declaration under Section 8 of the Act is required during the Sixth year after the date of registration.
Ten-year Section 8 Affidavits Required of All Registrations:
Section 8 of the Act required an affidavit or declaration of continued use or excusable nonuse at the end of each successive ten-year period following the date of registration or within the six-month grace period. This applies to all registrations.
The requirement for the Section 8 is on each registration certificate and this is the only notice that the Patent and Trademark Office provides. However, the owner must file the affidavit or declaration within the time periods required by section 8 of the Act regardless of whether the owner receives the notice.
US Trademark Compliance Service aims to reduce the number of Trademarks that are lost yearly because owners are not aware of the requirement to file the Section 8. We will notify you of the due dates and assist in filing the affidavits correctly and efficiently if your Trademark is as originally registered and an appropriate specimen can be provided.
Therefore in order to have us assist you with the filing of the Section 8 declaration the fee will be $475.00 for a Trademark registered in one class.
US Trademark Compliance Service can also assist with the filing of the Section 15 filing as per below the filing is optional.
Affidavit of Incontestability Under Section 15
Section 15 of the Trademark Act provides a procedure by which the exclusive right to use a registered mark in commerce on or in connection with the goods or services covered by the registrations can become "incontestable," if the registrant files an affidavit stating that the mark has been in continuos use in commerce for a period of five years after the date of registration. If the right to use the mark has become incontestable under Section 15, then the registration is conclusive evidence of the validity or the registered mark and its registration, of the registrant's ownership of the mark, and of the registrant;s exclusive right to use the registered mark in commerce, subject to certain defenses and exceptions. Filing an affidavit of incontestability under Section 15 of the Trademark Act is optional.
A Section 15 cannot be filed on a supplemental registration. The fee to file the Section 15 is $200.00 per class as laid out by the US Patent and Trademark Office.