How often do I need to file the Declaration of Use?

Photo of Tomas Orsula

Written by Tomas Orsula

Senior Trademark Attorney

The Declaration of Use must be filed during the following periods:

  • Between the 5th and 6th year after the registration date (Section 8 Declaration for marks registered under use in commerce, or Section 71 Declaration for marks registered through the Madrid Protocol).
  • At the 10-year renewal, and at every subsequent 10-year renewal thereafter.

If you’re not ready to file a declaration of use during these periods, each deadline has a six-month grace period during which the declaration can still be filed with an additional surcharge. Missing a deadline entirely, including the grace period, results in cancellation of the registration.

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