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Online Law Newsletter: Patents, Copyrights and Trademarks

Trademark: Section 8 Affidavit Reminder

What is it?
When you filed your application for a trademark you specified a class of goods or services for which the mark would be used. You must file a Section 8 Affidavit to reaffirm that you are still using the mark for the goods or services that were identified in your original trademark registration.

When must you file it?
You must file your Section 8 Affidavit between the 5th and 6th years of your ownership of the mark.

What if you fail to file it?
If you fail to file it on time, the government will terminate your federal trademark/servicemark registration.


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