Global trademark registries protect millions of active marks, from words and logos to colors and sounds. Yet, each year, registrations lapse when owners fail to file their trademark declaration of use — the vital proof that their marks remain active in commerce.
While consistent usage is necessary to maintain your rights over your trademark, that’s not the only thing. In the United States, brands and businesses also have to file the appropriate paperwork to maintain their trademark. This is what’s known as the Declaration of Use.
Understanding when and how to file these trademark declarations, avoiding common pitfalls, and knowing the steps to restore canceled registrations can mean the difference between maintaining and losing your valuable trademark rights forever. Follow along as we break down the essential steps to securing your marks.
What Is a Trademark Declaration of Use?
A Trademark Declaration of Use, also known as a Section 8 in the US, is a legal document that a trademark owner files with the relevant intellectual property office to confirm they are using their trademark in commerce. Declarations help prove that a trademark isn’t just registered and sitting unused but is actively working in the marketplace to tell customers which products or services are from a business.
Under Section 8, you must show how customers interact with your trademark. Real product shots, packaging in stores, or active advertising campaigns prove you’re not just squatting on the name.
Filing a Section 8 Declaration requires three key elements:
1. Submit a statement confirming your trademark’s active use in selling the goods or services listed in your registration
2. For each class of products or services registered, submit current proof of use, such as photos or materials showing your mark at work
3. Pay USPTO fees based on how many classes your registration covers
If you have products or services you no longer offer, you need to remove them from your registration. Your declaration must reflect what you’re selling right now. If you are not using your mark now, the USPTO might still accept your Section 8 Declaration if you can satisfactorily prove excusable nonuse.
The USPTO reviews everything carefully. If you meet all requirements, your registration stays active. If you fall short, they’ll send you a post-registration office action explaining what went wrong — maybe your proof of use didn’t make the cut, or something else needs fixing.
When & How to File a Declaration of Use
In the United States, you must file a Declaration of Use between years five and six of your initial application. For example, if you have a mark registered on April 3, 2019, your filing window runs from April 3, 2024, through April 3, 2025.
If you miss the set deadline, the USPTO gives you a six-month grace period — but they’ll charge you for the privilege. In our example, that grace period would stretch to October 3, 2025.
To submit your declaration of use via TEAS (the USPTO’s online filing system), you’ll need:
- A verified USPTO account
- Your trademark registration number
Log in to TEAS, navigate to Registration Maintenance forms, and provide accurate details about your trademark’s use or nonuse.
- Confirm your mark’s current use in commerce
- List active goods/services
- Remove any unused items
- Upload proof of use for each class
- Pay the fees: $325 per class as of 2025
Review your input carefully before digitally signing and submitting the form. Once you submit your declaration, await confirmation. The USPTO will contact you if any clarification is needed.
This straightforward process maintains your trademark protection when completed properly and on schedule.
What are the Consequences of Not Filing?
Missing your Section 8 filing deadline leads to serious consequences. Once your 6-month grace period expires, the USPTO automatically cancels your registration. Just like that, your federal trademark registration disappears.
While this cancellation eliminates your federal trademark rights, not all hope is lost. Your mark still holds common law and state-level rights, similar to any unregistered trademark. But let’s be real: these offer much less protection than federal registration.
How to reinstate a canceled trademark
Once the USPTO cancels your trademark for missing a Section 8 filing, you can’t simply reinstate it. Your only path forward is filing a completely new trademark application.
This new application starts you at zero, just like any first-time filing. You’ll pay standard application fees and go through the same review process. The USPTO examines your application fresh without considering your previous registration.
A crucial heads-up: someone else might have grabbed similar trademark rights while yours was canceled. If that happened, the USPTO could reject your new application. They might even oppose your registration if your mark conflicts with theirs.
Time matters here. So, file your new application quickly after cancellation to reduce the risk of others claiming similar marks.
Common Mistakes to Avoid When Filing a Declaration of Use
Don’t let these common filing mistakes derail your Declaration of Use:
- Picking the Wrong Trademark Class
Picking the wrong trademark class could affect your filing. Each product or service fits specific categories — get picky about finding yours. Some businesses need multiple classes to cover their full range of offerings. Browse the USPTO’s class listings until you spot your exact match.
- Inaccurate Description of Use
The USPTO needs accurate details about how you’re using your mark. Skip the fluff and focus on concrete facts: where you sell, how customers see your mark, and what products carry it.
- Inadequate Evidence:
Back up every claim with solid proof. Tell the USPTO exactly where your mark shows up — on packaging, websites, store displays, or service forms. Spell out how customers interact with your mark when buying.
Whether retail shops, online sales, or business-to-business deals, map out every way your mark connects with sales. Skip broad statements and focus on specifics: product labels, shopping carts, service contracts, or wherever else your mark appears in actual transactions.
- Late Filing:
You must submit your declaration of use between years 5 and 6 after registration. Missing this window puts your trademark at risk. Yes, there’s a grace period, but it comes with extra fees.
Set multiple reminders months ahead because timing counts when your trademark is on the line. The USPTO won’t bend these rules, so staying ahead of deadlines keeps your mark safe.
- Insufficient Trademark Research:
Many trademark owners rush through research and regret it when they hit conflicts with existing marks. Run a complete trademark check before filing, as overlooked conflicts spell instant rejection. Scan state and federal databases, plus common law marks.
Missing a similar registered mark now means wasted fees and time later. Even small naming overlaps can block your Declaration, so search variations and sound-alike terms too.
Wrapping Up
Filing your Declaration of Use keeps your federal trademark protections solid. Each detail matters — from picking the correct class to showing tangible proof of use in commerce. Robust preparation and careful timing prevent the hassles of rejection or, worse, cancellation. When you nail the filing process, your trademark stays protected, and your brand grows stronger.
Good research sets up smooth sailing through USPTO requirements. Catching conflicts early saves time and money — no surprises after you have invested in your mark. Want to spot potential problems before they derail your Declaration of Use?
Why not run professional Trademark Research with our premium research team? We extensively dig into federal, state, and common law databases to flag similar marks. Clear results mean confident filing.
