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Simple English definitions for legal terms
declaration under § 8
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A quick definition of declaration under § 8:
A declaration under § 8 is a statement made by the owner of a registered trademark, confirming that the trademark is currently being used in commerce. The statement must include a sample of the trademark's use. This declaration must be filed every five to ten years after the trademark's registration. If the owner fails to file the declaration, the registration may be cancelled by the U.S. Patent and Trademark Office. This requirement is outlined in § 8 of the Lanham Act.
A more thorough explanation:
A declaration under § 8 is a sworn statement submitted by the owner of a registered trademark. It confirms that the trademark is currently being used in commerce and provides evidence of its use. This declaration is required by law and must be filed at specific intervals to maintain the trademark's registration.
For example, if a company registered a trademark for their product, they would need to file a declaration under § 8 in the fifth or sixth year after registration and every ten years thereafter. The declaration would confirm that the trademark is still being used in commerce and provide evidence of its use, such as a sample of the product packaging or advertising materials.
If the owner of a registered trademark fails to file a declaration under § 8 within the required time, the U.S. Patent and Trademark Office may cancel the registration.