A federal trademark registration is effective for 10 years from the date of registration. §§1058 & 1065)~ ~To the Commissioner for Trademarks~ In order to maintain your U.S. trademark registration, you have to file certain documents. ). The Section 8 declaration is accepted. Section 9 filing fees are $300 per class of services or goods covered by the trademark. Section 15. 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. 15 USC 1058. §1058. Additionally, if the trademark meets the requirements of §15 of the Trademark Act, the trademark owner may additionally file an optional Declaration of Incontestability, which makes the trademark immune to challenge. The trademark e-filing system of the United States Patent and Trademark Office (called "TEAS") makes it very easy to do the Section 8 papers and Section 15 papers at the same time. Section 8 of the Trademark Act, 15 U.S.C. In addition to Sections 8 and 9, you should also be aware of Section 15, which is a Declaration of Incontestability. The declaration must also be filed at the time of trademark renewal. 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 … This filing is called a Section 8 declaration of continued use. But it must be properly renewed. 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. Trademark * Registration Number * Serial Number * Specimen Upload. A trademark registration at the USPTO can potentially last forever. 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). ~combined declaration of use & incontestibility under §§8 & 15 (15 u.s.c. Details Section 8 declaration, Declaration of incontestability for USA trademark. Taken from the U.S. Government Publishing Office in February 2016 The most important requirement with this Section 9 Renewal (besides the fee) is the Section 8 Declaration of Use or Excusable Nonuse. It can be combined with a Section 8 Declaration and the two can be treated as one during filing. Unlike the Section 8 and Section 9 Filings, the Section 15 Filing is not mandatory. 15 U.S.C. Combined Declaration of Use & Incontestability under Sections 8 & 15 - All Fields with * Required. Once a trademark has been registered and in continuous use for 5 years, the owner can file a Section 15 Trademark Declaration of Incontestability. 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. 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. 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). AppColl creates "File Section 8 & 9 Declaration of Use/Renewal" and "File Section 8 & 15 Declaration of Use/Incontestability" tasks with their actual deadlines and not when the open window period begins. Trademark Section 8 Declaration of Continued Use - Start a Section 8 Filing Online with LegalZoom. It is completely optional, and your trademark registration will not be cancelled if you fail to file it. §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: The requirements for the declaration are set forth in Section 8 of the Lanham Act. The Section 15 – Declaration of Incontestability offers some excellent advantages. 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. Your trademark has been registered in the USPTO trademark register in the US. Note: Two-step authentication may be required in … 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. Email * Name * First Last. §1065. Section 8 Affidavit. Declaration of Incontestability. Combined Declaration of Use and Incontestability under Sections 8 & 15 The table below presents the data as entered. See COMBINED § 8 AND § 15 A "specimen" must be included with the Declaration of Use and Incontestability. Two-step authentication provides an extra layer of security to your account by requiring you to enter an authentication code. If an owner fails to timely file a Section 8 Declaration of Continued Use, federal trademark rights will be cancelled. Our due date is at the 10th year and not when the open window Section 8 & 9 Declarations can be filed between the 9th and 10th year. 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 … Under Section 15 of the Lanham Act, a trademark owner may seek a Declaration of Incontestability. It provides even greater protection to trademarks registered on the principal register. 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. Section 8 Declaration of Continued Use . By filing a Section 8 Declaration, the owner is simply making a statement to the USPTO affirming that the federally registered trademark has been in use continuously for a period five years. (Referring to Section 8 of the Lanham Act, and codified at 15 U.S.C. FIRM NAME KNOBBE, MARTENS, OLSON & BEAR, LLP STREET … 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. Not only is it recommended that trademark owners file a Section 15, it's easy to do and can be done online at the USPTO Website. The authentic interpretation from Black's Law Dictionary of the legal term SECTION 8 AND 15 DECLARATION. Note that Section 15 declarations cannot be filed for trademarks on the Supplemental Register. Section 8 and 15 declaration. Section 9 of the Trademark Act, 15 U.S.C. 1058 (Section 8 of the Lanham Act): Duration, affidavits and fees. The first filing is due between the 5th anniversary and 6th anniversary of the issuance of the registration certificate. Section 8 of the United States Lanham Act [15 U.S.C. (15 United States Code, Section 1058) and explained below. LegalSherpa can help you quickly prepare and file your Section 8 Declaration of Continued Use with the U.S. Patent and Trademark Office. 1059, provides trademark owners with the opportunity to renew their trademark registrations before they expire at the end of the 10-year period from the date of registration. The Trademark Office does not want to have a large number of registered trademarks that are not actually being used in commerce. 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. The Declaration of Use under Section 8 for Trademark Renewal. If you don’t, the U.S. Patent and Trademark Office (USPTO) will cancel your registration. § 1058 (“Section 8”) must be filed between the fifth and sixth years of registration. Affidavit of Use (“Section 8” Affidavit)* An Affidavit of Use under 15 U.S.C. 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. The Section 15 declaration is acknowledged. 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