TMEP 1605.05: Combining §15 Affidavit or Declaration with §8 Affidavit or Declaration

This is the October 2015 Edition of the TMEP

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1605.05    Combining §15 Affidavit or Declaration with §8 Affidavit or Declaration

A §15 affidavit or declaration may be combined with a §8 affidavit or declaration, if the combined affidavit or declaration meets the requirements of both §§8 and 15.

The filing fee for a combined §8 and §15 affidavit or declaration is the sum of the cost of the individual filings. For example, if the filing fee for the §8 affidavit or declaration is $100 per class, and the filing fee for the §15 affidavit or declaration is $200 per class, then the filing fee for the combined affidavit or declaration under §§8 and 15 is $300 per class.

If the combined §8 and §15 affidavit or declaration is filed during the §8 grace period, the grace period surcharge per class for the §8 affidavit or declaration must be paid. There is no grace period surcharge for a §15 affidavit or declaration.

If a combined §8 and §15 affidavit or declaration is filed, and the §8 affidavit or declaration is deficient, the deficiency may be corrected before expiration of the relevant deadline set forth in §8 of the Act for no fee, or after expiration of the relevant deadline with the deficiency surcharge required by §8(c) of the Act, 15 U.S.C. §1058(c). See TMEP §§1604.17 et seq. for information about the procedures, deadlines, and surcharge for correcting deficiencies in a §8 affidavit or declaration. There is no deficiency surcharge for a §15 affidavit or declaration.

To expedite processing, it is recommended that the owner file the combined §8 and §15 affidavit or declaration through TEAS, available at http://www.uspto.gov. When the combined affidavit or declaration is submitted 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. 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 filled out and mailed, faxed, or hand-delivered to the USPTO.

See TMEP §1613.19 regarding a combined filing under §§71 and 15 of the Act.