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T.M.E.P. § 1604.03
Form for Filing ¤8 Affidavit

Executive summary:

This document contains one section of the Trademark Manual of Examining Procedure (the "TMEP"), Fourth Edition (April 2005). This page was last updated in June 2007. You may return to one either the section index, or to the key word index. If you wish to search the TMEP, simply use the search box that appears on the bottom of every page of BitLaw--be sure to restrict your search to the TMEP in the pop-up list.

For more information on trademark law, please see the Trademark Section of BitLaw.

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1604.03 Form for Filing §8 Affidavit

To expedite processing, it is recommended that the owner file the §8 affidavit through the Trademark Electronic Application System ("TEAS"). See TMEP §301 for more information about electronic filing. Forms for filing affidavits of use or excusable nonuse under §8, combined affidavits of use and incontestability under §§8 and 15 (see TMEP §1605.05) , and §8 affidavits combined with renewal applications under §9 of the Act (see TMEP §1604.19) are available through TEAS at http://www.uspto.gov/teas/index.html. Alternatively, the owner can call the Trademark Assistance Center at (571) 272-9250 or (800) 786-9199 to obtain a pre-printed form that can be mailed, faxed or hand-delivered to the USPTO.

See TMEP §1604.04 regarding the deadline for filing the affidavit, and TMEP §1604.05 regarding the requirements for filing the affidavit.