Combined declaration of use & incontestability under Sections 8 & 15
You may file a Combined Declaration of Use & Incontestability under Sections 8 & 15 only if you have continuously used a mark registered on the Principal (not Supplemental) Register in commerce for five (5) consecutive years after the date of registration. You must file the Combined Declaration, specimen, and fee on a date that falls on or between the fifth (5th) and sixth (6th) anniversaries of the registration (or, for an extra fee of $100.00 per class, you may file within the six-month grace period following the sixth anniversary date). If you have NOT continuously used the mark in commerce for five (5) consecutive years, you must still file a Section 8 Declaration. You must subsequently file a Section 8 declaration, specimen, and fee on a date that falls on or between the ninth (9th) and tenth (10th) anniversaries of the registration, and each successive ten-year period thereafter (or, for an extra fee of $100.00 per class, you may file within the six-month grace period).
FAILURE TO FILE THE SECTION 8 DECLARATION WILL RESULT IN CANCELLATION OF THE REGISTRATION.
NOTE: Because the time for filing a ten-year Section 8 declaration coincides with the time for filing a Section 9 renewal application, a combined §§ 8 & 9 form exists, below.
NOTE: The USPTO considers powers of attorney to end upon either (1) the date of registration; or (2) the final acceptance or denial of a required post-registration filing. Therefore, if you are an attorney and file this form, the USPTO will presume that you are now the registrant's attorney. The filing of this form will automatically update the "Attorney of Record" and the "Correspondence Address" data fields in the USPTO's TARR database. After submission of this form, it is not necessary to file a separate Appointment of Attorney form or Change of Correspondence Address form. Once the USPTO recognizes an attorney with respect to the submission of a required post-registration filing, such as an affidavit under Section 8, an application for renewal under Section 9, etc., the USPTO will recognize only that attorney for all submissions related to that filing, such as responses to Office actions, petitions, etc., unless and until the registrant revokes and appoints a new power of attorney.
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