Back to Specifics of US trademarks

What is the process of filing a Declaration of Use?

Founder & Trademark Attorney

A Declaration of Use is filed through the USPTO’s TEAS system. There are two possible forms for the filing, depending on how you originally filed the application with the USPTO:

Section 8 Declaration: for trademarks registered directly through a standard US application.
Section 71 Declaration: for trademarks registered in the US through the Madrid Protocol (WIPO international registration).

The declaration must include a current specimen of your trademark in active commercial use, a signed statement confirming ongoing use, and payment of the applicable fees. If you’re no longer offering certain goods and services that were previously listed, those must be deleted from the registration..

Related questions

When trademark becomes more renown than the real thing

Trademark registration can be viewed as a crucial step towards the market success. This article presents a closer look into the role of trademark registration in the success stories of Jacuzzi, Ping-Pong and Zamboni, for which the trademark has become more renown than the very product these brands describe.

Taylor Swift's brand strategy: song lyrics as trademarks

Immensely famous pop star Taylor Swift does not only hold countless number of awards and musical praise, but also an impressive portfolio of trademarks. As she continues to trademark her most popular phrases, she ensures the continuous growth of her brand and her legacy.

Poses and gestures that have become registered trademarks

Celebrities have come up with a new way to promote their brands by trademarking the poses and gestures that have become their personal signatures. This article presented a brief overview of some of the most renown poses and gestures that have become registered trademarks, supporting the brand performance.