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File your U.S. Section 8 Declaration of Use with iGERENT, trusted by 12,000+ businesses and with over 25,000 trademarks handled since 2014, to keep your trademark rights active. Stay compliant with USPTO maintenance requirements, so your mark remains active, enforceable, and protected.
Filing a Section 8 Declaration of Use may sound complex, but we make it simple. Whether it’s your first filing between years 5 and 6, or part of your 10-year renewal, we handle everything for you.
Reach out through our contact form and one of our trademark experts will assess your case and explain the next steps clearly.
Our team evaluates your trademark details and confirms whether you need to file Section 8, Section 15 (Declaration of Incontestability), or a combined filing.
We’ll guide you on the required specimens and proof of use in commerce for trademark maintenance (product labels, packaging, website screenshots, and more) and confirm all filing details with you.
We submit your USPTO Section 8 declaration, handle correspondence, and keep you updated until everything is completed.
Failure to file your declaration of use with the USPTO on time can lead to cancellation, even if you’re still using your trademark in the U.S.
A valid Section 8 declaration filing helps keep your registration enforceable if you need to act against infringement or protect your brand rights.
If eligible, filing a declaration of incontestability under Section 15 together with your Section 8 declaration of use can strengthen your trademark and limit future challenges.
Filing with the USPTO involves more than just filling out a form. At iGERENT, our trademark experts manage every step of the process to ensure accuracy, compliance, and peace of mind, so your rights remain protected.
We track your filing deadlines so you never miss a critical date, including cases where you may still be within the USPTO grace period.
We help you select and prepare the correct proof of use, based on USPTO standards and your goods/services.
From the US Section 8 Declaration of Use to Section 15 (incontestability) or combined filings like Section 8 + Section 9 for renewal, we prepare and file the right documents for your situation.
If the USPTO requests additional information, we’ll notify you and explain what it means. If a response is required, we’ll send next steps and a clear proposal.
Wondering when to file a Section 8 declaration, what it requires, or what happens if you miss the deadline? Here are answers to the most common questions we receive from trademark owners, especially international clients managing U.S. trademarks. Still have doubts? Feel free to contact our team directly, we’re here to help.
What Is a Declaration of Use?When Do You Need to File the Section 8 Declaration?First filing: Between the 5th and 6th year after registration You must file your first US Section 8 Declaration of Use between the 5th and 6th anniversary of your registration.
This is also your first opportunity to file a Declaration of Incontestability (Section 15) if eligible.
Renewal filing: Every 10 years Starting with the 10th anniversary, and every 10 years after, you must file a combined Section 8 renewal trademark filing (Section 8 + Section 9):
Grace period A 6-month grace period is available after each deadline, but it requires an additional government fee.
What Do You Need to Provide for a Trademark Section 8 Declaration?To file a Section 8 declaration of use, you’ll typically need:
Not sure what evidence is acceptable? See our USPTO trademark specimen requirements guide for examples covering goods, services and website evidence, or contact us for a free initial consultation to discuss your filing.
If the mark is not currently in use, you may need to submit a declaration of excusable nonuse, including an explanation and intent to resume use.
What Happens If You Don’t File a Declaration of Use?If you don’t file the US Section 8 Declaration of Use by the deadline or within the six-month grace period:
Missing the deadline does not necessarily eliminate all trademark rights arising from continued use of the mark. However, any remaining unregistered rights may be more limited, harder to enforce and dependent on where and how the mark is actually used.
What Is a Declaration of Incontestability (Section 15)?The Declaration of Incontestability (Section 15) is an optional filing available after 5 years of continuous use of a trademark registered on the Principal Register.
A Section 15 Declaration may be filed once the trademark meets the applicable requirements, including at least five consecutive years of continuous use. If it qualifies during the fifth-to-sixth-year maintenance window, Sections 8 and 15 can be filed together.
Filing for incontestability can provide stronger legal advantages, including:
While optional, this is one of the best ways to reinforce long-term trademark protection in the U.S.
Can You File Section 8 and Section 15 Together?Yes. If the trademark is registered on the Principal Register and meets the requirements for incontestability, including at least five consecutive years of continuous use, the Section 8 Declaration and optional Section 15 Declaration can be filed together. Section 8 maintains the registration, while Section 15 limits certain grounds on which it may be challenged.
Is a Statement of Use the Same as a Section 8 Declaration of Use?No, these are different USPTO filings.
A Statement of Use (SOU) is usually filed before registration, when your application was submitted as “intent to use” and you must prove use to complete the registration.
A Section 8 Declaration of Use is filed after registration, to maintain your trademark and keep it active.
Not sure which filing applies to your case? Contact us here and we’ll guide you based on your trademark details.
Why Choose iGERENT for Your Section 8 Declaration of Use Filing?Trusted by 12,000+ businesses and with over 25,000 trademarks handled since 2014, we simplify declaration of use filing through one dedicated specialist coordinating local attorneys worldwide.
We specialize in assisting international trademark holders and understand the practical side of maintaining U.S. trademark rights. With us, you get:
Still unsure? Read what other businesses say about us.