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A “Section 8 Declaration of Continued Use” is a registered trademark owner’s filed, sworn statement attesting that the mark is in use in commerce during the following time periods:

  • at the end of the 6th year after the date of registration; and
  • at the end of each successive 10-year period after the date of registration.

If the declaration is not timely filed there’s a 6 month grace period. If the deadlines are not met, the USPTO will cancel the registration (Section 8 of the Trademark Act, 15 USC §1058).

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