Trademark owners are required to file a Section 8 Declaration of Use (or Excusable Nonuse) between the 5th and 6th year after their initial registration occurs. The USPTO will generally send a Courtesy E-Reminder of Sec. 8 to the registrant or the registrant’s attorney.
If the Section 8 Trademark Declaration of Use is not filed within the one year period between the 5th and 6th year the registration is subject to cancellation. Additionally, if the trademark meets the requirements of §15 of the Trademark Act, the trademark owner may additionally file an optional Declaration of Incontestability, which makes the trademark immune to challenge.
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