A federal trademark registration can be canceled even when the owner is still actively using the brand. This Section 8 filing guide explains the required maintenance filing that tells the USPTO your registered mark remains in use in U.S. commerce.<\/p>\n
A Section 8 declaration is a sworn statement that the registered trademark is still being used in commerce for the goods or services in the registration. The USPTO generally requires it between the fifth and sixth anniversaries of the registration date.<\/p>\n
The filing is formally called a Declaration of Continued Use or Excusable Nonuse under Section 8. It is not an application to register a new mark, and it is not a routine notice the USPTO handles automatically. The registrant must file it, pay the applicable government fees, and provide evidence of current use.<\/p>\n
If the USPTO accepts the declaration, the registration remains active for the next maintenance period. If no acceptable Section 8 declaration is filed by the deadline, including the available grace period, the USPTO will cancel the registration.<\/p>\n
The first Section 8 filing window opens on the fifth anniversary of registration and closes on the sixth anniversary. A six-month grace period is available after that deadline, but it requires an additional government fee.<\/p>\n
For example, a mark registered on June 15, 2021, has a regular Section 8 filing window from June 15, 2026, through June 15, 2027. The owner may still file during the following six months, subject to the grace-period fee.<\/p>\n
The relevant date is the registration date, not the application filing date, publication date, or date the owner started using the mark. Owners should confirm dates in the USPTO record and calendar them well ahead of time. Reminder emails can be useful, but the registrant remains responsible for meeting the deadline.<\/p>\n
A proper Section 8 filing includes a declaration of use, a specimen showing current use of the mark, the goods or services that remain in use, and the required fees. The filing must be accurate on a class-by-class basis.<\/p>\n
The declaration is signed under penalty of perjury. That matters because an owner cannot simply state that a mark is in use across every listed product or service without a reasonable basis for that statement.<\/p>\n
A specimen is real-world evidence of how customers encounter the mark in connection with the listed goods or services. The specimen must show the same mark that appears in the registration, or an acceptable variation that does not materially alter its commercial impression.<\/p>\n
For goods, acceptable specimens often include product labels, packaging, tags, containers, or a website page where customers can order the product and see the mark associated with it. For services, examples may include a website, brochure, advertisement, or other business material that shows the mark used in advertising the actual services.<\/p>\n
A logo displayed only as decoration, a business card with no connection to the registered services, or a mockup created for the filing may not satisfy the requirement. The USPTO is looking for genuine marketplace use, not a statement of intent to use the mark later.<\/p>\n
The filing required depends on the age of the registration. A Section 8 declaration is due in the fifth-to-sixth year window, while later filings generally combine Section 8 with a Section 9 renewal application.<\/p>\n
| Filing | When it is generally due | What it does | |—|—|—| | Section 8 declaration | Between the fifth and sixth registration anniversaries | Confirms continued use or claims excusable nonuse | | Section 8 and Section 15 declaration | Often filed together in the fifth-to-sixth year window when eligible | Confirms use and may seek incontestable status for eligible marks | | Combined Section 8 and Section 9 filing | Between the ninth and tenth registration anniversaries, then every 10 years | Confirms continued use and renews the registration |<\/p>\n
Section 15 is optional, not a substitute for Section 8. When its requirements are met, a Section 15 declaration can make certain aspects of a registration incontestable. It does not make a mark immune from every challenge, and eligibility depends on facts such as continuous use and the absence of certain proceedings.<\/p>\n
A combined Section 8 and Section 9 filing is required to keep a registration in force after its first decade. Like the first Section 8 declaration, it requires current evidence of use and careful review of the listed goods and services.<\/p>\n
You should delete goods or services that are no longer in use before signing the declaration. Keeping unused items in a registration can create serious maintenance problems and may expose the registration to challenge.<\/p>\n
This issue is common for businesses that filed broadly at the outset and later narrowed their offerings. A company may still use its mark for online retail services but no longer sell one category of products listed in the registration. The appropriate filing may preserve the active services while deleting the discontinued products.<\/p>\n
The question is not whether the owner hopes to resume use. For a standard Section 8 declaration, the owner needs current use in commerce for the goods and services it claims. A temporary interruption may sometimes support a claim of excusable nonuse, but that exception is fact-specific and requires a valid reason, evidence, and an intent to resume use.<\/p>\n
A strong specimen connects the exact registered mark to the exact goods or services that remain listed. It should reflect ordinary commercial use that existed on or before the filing date.<\/p>\n
Start by reviewing the registration certificate and identifying each international class. Then compare the wording in each class against the business’s current products, sales channels, and services. This review often reveals that a broad registration description no longer matches the business as it operates today.<\/p>\n
For an online seller, a product page should generally show the product, the mark, and a way to purchase the product. For a service business, a webpage should identify the services and show the mark used to promote them. A screenshot should also preserve the URL and access date when required by USPTO filing rules.<\/p>\n
Do not assume one specimen works for every class. One image may support multiple classes in some circumstances, but each class must be supported by evidence that shows use for the goods or services in that class.<\/p>\n
The right approach depends on whether the registration and evidence are straightforward. The main risk is not completing the online form – it is making an inaccurate use claim, submitting an unacceptable specimen, or missing a limitation in the registration record.<\/p>\n
| Option | Typically handles | What the owner still must evaluate | |—|—|—| | DIY USPTO filing | Form completion, declarations, specimen upload, and fee payment | Deadlines, use claims, specimen adequacy, deleted items, and USPTO communications | | Online filing service | Form-based document preparation and submission, with services varying by provider | Whether legal review is included, who responds to a refusal, and whether the evidence supports each class | | Trademark attorney | Legal review of the registration, claimed use, specimens, scope, and any USPTO issue within the engagement | Providing complete, accurate business records and timely instructions |<\/p>\n
A simple registration with one actively sold product and clear packaging may be easier to evaluate than an older, multi-class registration with changing services or several business entities. An attorney can identify issues before submission, but no filing method removes the need for truthful information and credible evidence.<\/p>\n
The USPTO reviews the Section 8 declaration and specimen after filing. If the examiner finds a problem, the USPTO may issue an office action that identifies the deficiency and gives a response deadline.<\/p>\n
Common problems include specimens that do not show use of the mark, evidence that does not match the listed goods or services, missing information, and use claims that are too broad. The appropriate response may involve explanation, a substitute specimen that was in use by the filing date, or deletion of unsupported goods or services.<\/p>\n
Some defects cannot be fixed with newly created evidence. If a substitute specimen is allowed, it must generally have been in actual use in commerce as of the relevant filing date. That is why reviewing specimens before filing is usually safer than treating the declaration as a clerical task.<\/p>\n
No. The regular filing period begins on the fifth anniversary of the registration date. Filing before that window opens is not the standard maintenance option for a Section 8 declaration.<\/p>\n
Sometimes, but only if excusable nonuse applies and can be properly supported. Ordinary business decisions, lack of sales, or plans to use the mark again later may not be enough.<\/p>\n
Yes, you need current evidence of use for the maintenance filing. The specimen used in the original application may no longer reflect how the mark is used or may not meet the current filing requirement.<\/p>\n
You may file during the six-month grace period with an added government fee. After the grace period ends, the USPTO cancels the registration, and restoring protection may require a new application.<\/p>\n
No. Section 15 is optional and has separate eligibility requirements. A careful review can determine whether it makes sense to file it at the same time as the Section 8 declaration.<\/p>\n
A maintenance deadline is a useful reason to look closely at whether the registration still reflects the brand your business actually uses. For owners in New Jersey, the surrounding metro area, or anywhere in the United States, timely review helps turn that deadline into a practical check on an important business asset.<\/p>\n","protected":false},"excerpt":{"rendered":"
Use this Section 8 filing guide to confirm continued trademark use, prepare an acceptable specimen, meet USPTO deadlines, and avoid future cancellation.<\/p>\n","protected":false},"author":0,"featured_media":509,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-508","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-uncategorized"],"_links":{"self":[{"href":"https:\/\/www.mybrandmark.com\/wordpress\/wp-json\/wp\/v2\/posts\/508","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.mybrandmark.com\/wordpress\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.mybrandmark.com\/wordpress\/wp-json\/wp\/v2\/types\/post"}],"replies":[{"embeddable":true,"href":"https:\/\/www.mybrandmark.com\/wordpress\/wp-json\/wp\/v2\/comments?post=508"}],"version-history":[{"count":0,"href":"https:\/\/www.mybrandmark.com\/wordpress\/wp-json\/wp\/v2\/posts\/508\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.mybrandmark.com\/wordpress\/wp-json\/wp\/v2\/media\/509"}],"wp:attachment":[{"href":"https:\/\/www.mybrandmark.com\/wordpress\/wp-json\/wp\/v2\/media?parent=508"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.mybrandmark.com\/wordpress\/wp-json\/wp\/v2\/categories?post=508"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.mybrandmark.com\/wordpress\/wp-json\/wp\/v2\/tags?post=508"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}