Fair Use Evaluations
For those individuals and businesses that already have a federally registered trademark, there are certain requirements you must meet in order to keep your registration active on the United States Patent and Trademark Office’s principal register. At TRESTLE LAW, we can help you with your declarations of continued use, incontestability, and renewals. Between the fifth and sixth years of registration, you are required to submit a declaration stating that you are still using the mark in commerce. This is called a Section 8 declaration. Every ten years thereafter, you are required to submit a similar declaration and a Section 9 renewal. Assuming you meet these requirements, your trademark registration will continue for as long as it is in use.
In addition to your Section 8 declaration, you are also eligible to request incontestability of your trademark between the fifth and sixth year of registration. This is called a Section 15 declaration. While it is not required, it is helpful to file both your Section 8 and Section 15 declarations simultaneously. If filed, a Section 15 declaration will make a trademark on the principal register immune from legal challenge and establishes ownership of the mark for the uses identified in the declaration.
Section 8 and Section 15 declarations are important aspects of maintaining your trademark registration. Failing to file a timely Section 8 declaration will result in the cancellation of your trademark. Once your mark has been canceled, there is no revival process. You must start the filing process over. Don’t lose your trademark registration! Let Kristen at TRESTLE LAW help you maintain your trademark portfolios. Contact Kristen at TRESTLE LAW today.