How often do I need to file the Declaration of Use?

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Written by Tomas Orsula

Senior Trademark Attorney

A "Declaration of Use" has to be filed between the 5th and the 6th anniversary of your trademark registration. USPTO recognizes this submission under the following:

  • §8 Declaration of Use - When your trademark application has been filed under "use in commerce"
  • §71 Declaration of Use - When your US trademark application has been filed through the WIPO (World Intellectual Property Office)

Also, the "§8 Declaration of Use" is submitted together with a "§9 registration renewal application" once your trademark gets to the 10th anniversary, counting from the date of filing, and is considered a trademark renewal.

Afterwards, once again, at the 5th to 6th anniversary, a "§8 Declaration of Use" will have to be submitted.

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