Combined Declaration of Use and Incontestability under Sections 8 & 15

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	Trademark Electronic Application System
	United States Patent and Trademark Office

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.

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WARNING: You are filing a Section 8 affidavit of use and a Section 15 affidavit of incontestability. If a Section 9 renewal application is also due, it is not included here. If necessary, please see the Combined declaration of use in commerce/application for renewal of registration of mark under Sections 8 & 9. If a Section 9 renewal application is due and is not timely filed, your registration will be cancelled. Please make sure you file all the required forms, and that the owner name identified on the form(s) is correct.

Burden/Privacy Statement

The information collected on this form allows the applicant to demonstrate that it has commenced use of the mark in commerce. With respect to applications filed on the basis of an intent to use the mark, responses to the request for information are required to obtain the benefit of a registration on the Principal or Supplemental register. 15 U.S.C. § § 1058 and 1065 and 37 CFR Part 2, 2.167 and 2.168. All information collected will be made public. Gathering and providing the information will require an estimated 3 minutes. Please direct comments on the time needed to complete this form, and/or suggestions for reducing this burden to the Chief Information Officer, U.S. Patent and Trademark Office, U.S. Department of Commerce, P.O. Box 1450, Alexandria, VA 22313-1450. Please note that the USPTO may not conduct or sponsor a collection of information using a form that does not display a valid OMB control number.

Sat Feb 16 21:04:50 EST 2013