TMEP 1604.15: Office Actions and Notices Regarding Affidavit or Declaration

October 2017 Edition of the TMEP

Previous: §1604.14 | Next: §1604.16

1604.15    Office Actions and Notices Regarding Affidavit or Declaration

Upon receipt of a §8 affidavit or declaration, the USPTO updates the prosecution history of the registration in the Trademark database to indicate that the affidavit or declaration has been filed.

When a §8 affidavit or declaration is filed electronically, TEAS almost immediately displays a "Success" page that confirms receipt.  This page is evidence of filing should any question arise as to the filing date of the affidavit or declaration, and it may be printed or copied-and-pasted into an electronic record for storage.  TEAS also separately sends an e-mail acknowledgement of receipt, which includes a summary of the filed information.

If a §8 affidavit or declaration is filed on paper, no acknowledgment of receipt of the affidavit or declaration is sent before it is examined, unless the owner includes a stamped, self-addressed postcard with the affidavit or declaration ( see TMEP §303.02(c) et seq.).

If, upon examination, the USPTO determines that the affidavit or declaration is acceptable, the USPTO sends a notice of acceptance.  If the affidavit or declaration is not acceptable, the USPTO issues an action stating the reasons for refusal. 37 C.F.R. §2.163.

Sometimes, it may be necessary for the USPTO to request additional information in order to properly examine the affidavit or declaration. In such cases, the USPTO will require the owner to furnish such additional information, specimens, exhibits, and affidavits or declarations as may be reasonably necessary to the proper examination of the §8 affidavit or declaration. 37 C.F.R. §2.161(h).

The propriety of the original registration is not re-examined in connection with the affidavit or declaration under §8.