Combined Declaration of Use and Incontestability under Sections 8 & 15 The table below presents the data as entered. The Declaration of Use under Section 8 for Trademark Renewal. The authentic interpretation from Black's Law Dictionary of the legal term SECTION 8 AND 15 DECLARATION. Details Section 8 declaration, Declaration of incontestability for USA trademark. In order to maintain your U.S. trademark registration, you have to file certain documents. It is completely optional, and your trademark registration will not be cancelled if you fail to file it. The Section 8 only applies to trademarks that are registered under Section 1(a) (use in commerce) or Section 44(e) (U.S. registration based on a foreign trademark registration). (Referring to Section 8 of the Lanham Act, and codified at 15 U.S.C. §1058] requires that, in order to maintain a U.S. trademark registration in active form, the registrant must submit an affidavit (declaration) demonstrating to the United States Patent & Trademark Office (USPTO) that the trademark is currently in use in commerce, in connection with the associated goods and/or services, at the following times: Submit a Declaration of Use (also called a Section 8 Filing); this must be done between the 5th and 6th year after your registration was issued, and then again as part of every renewal ; Renew the registration (also called a Section 9 Filing); this must be done between the 9th and 10th year after your registration was issued, and ever 10 years thereafter; Declaration of Trademark Use. U.S. Government Filing Fee (per class)$200 In addition to Sections 8 and 9, you should also be aware of Section 15, which is a Declaration of Incontestability. As such, the combined Section 8 and 9 filing fees are $400 per class. If 5 years have passed since you registered your trademark, you're required to submit a Declaration of Continued Use (also called a "Section 8" filing), proving your ongoing use of your mark (or excusing non-use). A six-month grace period for filing… Trademark Section 8 Declaration of Continued Use - Start a Section 8 Filing Online with LegalZoom. You may file a Combined Declaration of Use & Incontestability under Sections 8 & 15 only if you have continuously used a mark registered on the Principal (not Supplemental) Register in commerce for five (5) consecutive years after the date of registration. A trademark registration at the USPTO can potentially last forever. Section 8 and 15 declaration. If the Section 8 Trademark Declaration of Use is not filed within the one year period between the 5th and 6th year the registration is subject to cancellation. §§1058 & 1065)~ ~To the Commissioner for Trademarks~ Section 8 Declaration of Continued Use . Two-step authentication provides an extra layer of security to your account by requiring you to enter an authentication code. The Section 8 Declaration of Use is a document filed with the United States Patent and Trademark Office (USPTO) for the purpose of maintaining a trademark registration. ). For a trademark registration to remain valid, you must file a Declaration of Continued Use or Excusable Nonuse ("Declaration of Continued Use") with the U.S. Patent and Trademark Office (USPTO) between the 5-year and 6-year anniversaries following your trademark registration and pay a fee of $125. Email * Name * First Last. The Trademark Office does not want to have a large number of registered trademarks that are not actually being used in commerce. Combined Declaration of Use & Incontestability under Sections 8 & 15 - All Fields with * Required. NOTICE OF ACKNOWLEDGEMENT UNDER SECTION 15 The declaration of incontestability filed for the above-identified registration meets the requirements of Section 15 of the Trademark Act, 15 U.S.C. Unlike the Section 8 and Section 9 Filings, the Section 15 Filing is not mandatory. Section 9 of the Trademark Act, 15 U.S.C. Sections 8 and 15 Affidavits are considered post-registration filings. Section 8 & 9 Declarations can be filed between the 9th and 10th year. Trademark Examining Attorneys will be governed by the applicable statutes, the Trademark Rules of Practice, decisions, and Orders and Notices issued by the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, Commissioners, or Deputy Commissioners. If you don’t, the U.S. Patent and Trademark Office (USPTO) will cancel your registration. A "specimen" must be included with the Declaration of Use and Incontestability. §1058. Combined Declaration of Use and Incontestability under Sections 8 & 15 To the Commissioner for Trademarks: REGISTRATION NUMBER: 3739319 REGISTRATION DATE: 01/19/2010 MARK: STANDELLS (see, ) The owners, LAWRENCE TAMBLYN, a citizen of United States, having an address of 6516 Sausalito Ave. West Hills, California 91307 United States EMILIO T BELLISSSIMO, AKA TONY VALENTINO, a … A federal trademark registration is effective for 10 years from the date of registration. The most advantageous of these is that once filed and accepted, common law users of a confusingly similar, or conflicting trademark, will no longer be able to file a Petition to Cancel your trademark based on their alleged prior use rights. This filing proves that the mark is still being used in commerce. §1065. If a client of our firm chooses to file a combined Section 8 and Section 15 paper, we charge only the same professional fee that we would have charged for a Section 8 paper alone. Under Section 15 of the Lanham Act, a trademark owner may seek a Declaration of Incontestability. LegalSherpa can help you quickly prepare and file your Section 8 Declaration of Continued Use with the U.S. Patent and Trademark Office. ~combined declaration of use & incontestibility under §§8 & 15 (15 u.s.c. Section 8 of the Trademark Act, 15 U.S.C. The declaration must also be filed at the time of trademark renewal. It provides even greater protection to trademarks registered on the principal register. Section 15. Note: Two-step authentication may be required in … The Declaration of Use is a form in which you submit proof to the Trademark Office that you’re still actively using the trademark in commerce. Once a trademark has been registered and in continuous use for 5 years, the owner can file a Section 15 Trademark Declaration of Incontestability. FIRM NAME KNOBBE, MARTENS, OLSON & BEAR, LLP STREET … The Section 15 – Declaration of Incontestability offers some excellent advantages. § 1058. The Section 15 declaration is acknowledged. § 1058 (“Section 8”) must be filed between the fifth and sixth years of registration. We will prepare and file a Declaration of Use and Incontestability Under Sections 8 and 15 for you, report to you by email and docket your trademark registration to remind you of the renewal deadline. Combined Declaration of Use and Incontestability under Sections 8 & 15 To the Commissioner for Trademarks: REGISTRATION NUMBER: 3821849 REGISTRATION DATE: 07/20/2010 MARK: OHR (see, ) The owner, Baker Hughes Incorporated, a corporation of Delaware, having an address of PO Box 4740 Houston, Texas 77210-4740 United States 713-439-8600 713-439-8281 XXXX (not authorized) is filing … the “Section 15 Filing”). Just before a trademark turns five years old, the USPTO will send a notification to you letting you know that the time has come for the mark to graduate to the next period of its life, through filing what is called a Section 8 affidavit. Section 15 Filing – “Declaration of Incontestability” The third trademark filing to be aware of is the Declaration of Incontestability (a.k.a. The requirements for the declaration are set forth in Section 8 of the Lanham Act. Input Field Entered REGISTRATION NUMBER 3709669 REGISTRATION DATE 11/10/2009 SERIAL NUMBER 77468092 MARK SECTION MARK MY HEALTH ATTORNEY SECTION (current) NAME Vincent F. Aiello, Esq. It can be combined with a Section 8 Declaration and the two can be treated as one during filing. Note that Section 15 declarations cannot be filed for trademarks on the Supplemental Register. (15 United States Code, Section 1058) and explained below. The first filing is due between the 5th anniversary and 6th anniversary of the issuance of the registration certificate. Our due date is at the 10th year and not when the open window Section 9 filing fees are $300 per class of services or goods covered by the trademark. 15 USC 1058. 15 U.S.C. Affidavit of Use (“Section 8” Affidavit)* An Affidavit of Use under 15 U.S.C. Trademark * Registration Number * Serial Number * Specimen Upload. 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