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What is the process of filing a Declaration of Use?

Photo of Igor Demcak

Written by Igor Demcak

Founder & Trademark Attorney

The process will require the submission of either a:

  • "Declaration of Use of Mark in Commerce Under Section 8 (15 U.S.C. § 1058)" form or
  • "Declaration of Continued Use/Excusable Nonuse of Mark in Commerce Under Section 71 (15 U.S.C. § 1141)"

Either declaration has to be submitted together with relevant specimens (proof) of the trademark being used in commerce in the US, which might include but is not limited to the following:

  • A screenshot of an online purchase method available to US customers
  • Marketing material that refers to the accessibility of goods and or services in the US
  • Point of sale display of goods and or services
  • Invoices
Declaration of Use icon

Declaration of Use for your US trademark

Declare the commercial use of your trademark to keep your registration alive in the US.

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