declaration of use
declaration of use. Trademarks. A sworn statement submitted by a registered mark’s owner averring that the registered mark is currently in use in commerce, and providing a specimen or facsimile of the mark’s use. • The § 8 affidavit must be filed (1) the fifth or sixth year following registration, and (2) the year before the end of every ten-year period after the date of registration. If a registered mark’s owner fails to file a § 8 affidavit within the required time, the U.S. Patent and Trademark Office may cancel the registration. The term comes from § 8 of the Lanham Act. — Also termed affidavit of continued use; affidavit of use; affidavit under § 8; section 8 affidavit; declaration of continued use; declaration under § 8; Section 8 declaration; statement of use. Cf. INCONTESTABILITY STATUS; CANCELLATION (4).
