Keep Your U.S. Trademark Alive: Trademark Section 8 Declaration

To maintain your U.S. trademark rights, filing a Trademark Section 8 Declaration is mandatory. At iGERENT, we help trademark owners around the world comply with USPTO Section 8 requirements on time, so your mark stays active, enforceable, and fully protected.

US trademark section 8 declaration
US Trademark Declaration of Use

How the Trademark Section 8 Declaration Process Works

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.

Step 1: Contact Us to Get Started

Reach out through our contact form and one of our trademark experts will assess your case and explain the next steps clearly.

Step 2: We Review Your Registration

Our team evaluates your trademark details and advises whether you need to file Section 8, Section 15, or a combined renewal.

Step 3: You Provide Proof of Use

We’ll guide you on the required specimens (product labels, websites, etc.) and confirm all filing details with you.

Step 4: We File and Manage the Process

We submit your declaration to the USPTO, handle all correspondence, and keep you updated until everything is completed.

Why This Is Important for International Trademark Owners

Avoid Cancellation of Your Trademark

Failure to file on time leads to cancellation,even if you’re still using your trademark in the U.S.

Maintain Legal Protection & Enforcement

A valid Section 8 filing is necessary to keep your mark enforceable in disputes or infringement actions.

Strengthen Your Trademark with Incontestability

Filing Section 15 together with your Statement of Use limits future challenges and solidifies your exclusive rights.

What Our Trademark Section 8 Declaration Service Includes

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 fully protected.

Deadline Monitoring & Reminders
Deadline Monitoring & Reminders

We track your filing deadlines to ensure you never miss a critical date, even if you're within a grace period.

Specimen Review and Guidance
Specimen Review and Guidance

We help you select and prepare the correct evidence of use in commerce, based on USPTO rules.

Preparation and Filing of Forms
Preparation and Filing of Forms

From the Section 8 Declaration to Section 15 (Incontestability) or combined Section 8 & 9, we prepare and file the right documents.

Handling Office Actions or Audits
Handling Office Actions or Audits

If the USPTO issues an audit or requests clarification, our team will respond professionally and promptly to protect your rights.

Frequently Asked Questions About the Trademark Section 8 Declaration

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? Check our full Trademark FAQs or contact our team directly, we’re here to help.

Expand iconCollapse icon

What Is a Declaration of Use?

A Declaration of Use (also called a Section 8 filing) is a sworn statement filed with the United States Patent and Trademark Office (USPTO) to confirm that your trademark is actively being used in U.S. commerce for the goods and services listed in your registration.

It is a mandatory filing to keep your trademark registration alive and enforceable.

Expand iconCollapse icon

When Do You Need to File?

First Filing: Between the 5th and 6th Year After Registration

You must file your first 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 and Section 9 form:

  • Section 8: Confirms use in commerce
  • Section 9: Renews the trademark registration

Grace Period

A 6-month grace period is available after each deadline, but it requires an additional government fee.

Expand iconCollapse icon

What Do You Need to Provide for a Trademark Section 8 Declaration?

To file a Declaration of Use, you’ll need:

  • A signed statement that the trademark is in use
  • One specimen per class (e.g., product label, packaging, website)
  • Filing fees per class

If the mark is not in use, you must submit a declaration of excusable nonuse with details and intent to resume use.

Expand iconCollapse icon

What Happens If You Don’t File a Declaration of Use?

If you don’t file the Declaration of Use on time:

  • The USPTO will cancel your trademark registration
  • You lose your exclusive rights in the U.S.
  • You may have to start over with a new application
  • Competitors may freely use or register similar marks
Expand iconCollapse icon

What Is a Declaration of Incontestability?

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.

You can file it at the same time as your first Declaration of Use (between years 5 and 6).

What Are the Benefits of Incontestability?

Filing for incontestability gives your trademark powerful legal advantages, including:

  • Stronger protection in court
  • Limits the grounds on which others can challenge your registration
  • Makes your ownership and exclusive right to use the mark more legally secure
  • Helps prevent cancellation for claims like descriptiveness or lack of distinctiveness

While optional, this is one of the most important steps to reinforce your trademark rights in the U.S.

Expand iconCollapse icon

How Do I Know I Can Trust iGERENT over Other Firms?

At iGERENT, you’re not just another number in an automated system. Every case is handled by a dedicated trademark expert who follows your file from start to finish.

We specialize in assisting international trademark holders and understand the nuances of U.S. law. With us, you get:

  • Personalized guidance tailored to your needs and location
  • Deadline monitoring to avoid accidental cancellations
  • Clear communication without legal jargon
  • Fixed, transparent pricing with no hidden fees

Our goal is to give you peace of mind and ensure your trademark stays protected in the United States.

Still unsure? Read our client reviews or check our iGERENT FAQs to learn more about how we work.