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WHAT IS A §8 DECLARATION OF CONTINUED USE?

April 26, 2017continued Declaration

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WHAT IS A §8 DECLARATION OF CONTINUED USE?

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A §8 Declaration of Continued Use is a sworn statement, filed by the owner of a registration, that the mark is in use in commerce. Section 8 of the Trademark Act, 15 U.S.C. §1058. If the owner is claiming excusable nonuse of the mark, a §8 Declaration of Excusable Nonuse may be filed. The purpose of the §8 Declaration is to remove marks no longer in use from the register.