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A “Section 8 Declaration of Excusable Nonuse” is a registered trademark owner’s filed, sworn statement attesting that the mark is not in use in commerce due to special circumstances that excuse such nonuse and which is not due to any intention to abandon the mark. Once the USPTO accepts the “Section 8 Declaration of Excusable Nonuse”, the owner is not required to file another Section 8 Declaration until the next statutory filing period.

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