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Trademark FAQ

What specific type of information must I include in a §8 Declaration of Excusable Nonuse?

If the owner of the registration is claiming excusable nonuse of the mark, the §8 Declaration must include:

  • The registration number;
  • The name and address of the current owner;
  • The fee for filing the Declaration;
  • A list of the goods/services in the registration on or in connection with which the mark is not in use in commerce; the date of the last use of the mark in commerce;
  • The date of the last use of the mark in commerce; the approximate date when use in commerce is expected to resume; details regarding the reason for nonuse; and specific steps being taken to resume use; and
  • A signed and dated affidavit or declaration under 37 C.F.R. §2.20 supporting the above statements.

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