TMEP 1604.01: Registrations to Which §8 Affidavit or Declaration Pertains

This is the October 2015 Edition of the TMEP

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1604.01    Registrations to Which §8 Affidavit or Declaration Pertains

Registered Extensions of Protection

Section 8 of the Trademark Act applies only to registrations resulting from applications under §1 or §44 of the Trademark Act. However, §71 of the Act, 15 U.S.C. §1141k, requires periodic affidavits or declarations of use or excusable nonuse in registered extensions of protection of international registrations to the United States. See TMEP §§1613–1613.19 for further information about §71 affidavits or declarations.

Six-Year Section 8 Affidavits or Declarations for Registrations Resulting from Applications Under §1 or §44

Under §8(a)(1) and (a)(3) of the Trademark Act, an affidavit or declaration under §8 of the Act is required during the sixth year after the date of registration for registrations issued on either the Principal Register or the Supplemental Register or the date of publication under §12(c) for registrations issued under the Acts of 1881 and 1905 for which the owner has claimed the benefits of the Act of 1946 under §12(c), or within the six-month grace period after expiration of the sixth year. 15 U.S.C. §1058(a)(1), (a)(3); TMEP §1603.03.

Ten-Year Section 8 Affidavits or Declarations Required for All Registrations Resulting from Applications Under §1 or §44

Section 8(a)(2) of the Trademark Act requires an affidavit or declaration of use or excusable nonuse at the end of each successive ten-year period following the date of registration, or within the six-month grace period after the end of the ten-year period. However, the provisions of §8(a)(2) of the Act, requiring the filing of a §8 affidavit or declaration at the end of each successive ten‑year period after registration, do not apply to a registration issued or renewed for a twenty-year term until a renewal application is due. See TMEP §1604.04(b).