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As stated above, a Section 9 is an application to renew the trademark registration. Section 9 of the Trademark Act, 15 U.S.C. 1059, provides trademark owners with the opportunity to renew their trademark registrations before they expire at the end of the 10-year period from the date of registration.
A trade name is the name a business chooses to do business under. It is commonly known as the ?doing business as? (DBA) name and can differ from the company's business name. If you produce goods, you would be applying for a trademark. If you ?produce? or provide a service, you would be applying for a service mark.
A Section 8 declaration is a signed statement filed by the trademark owner that either: (1) the trademark is in use in commerce with the goods or services listed in the registration; or (2) the trademark is not in use in commerce due to special circumstances that excuse nonuse.
As stated above, a Section 9 is an application to renew the trademark registration. Section 9 of the Trademark Act, 15 U.S.C. 1059, provides trademark owners with the opportunity to renew their trademark registrations before they expire at the end of the 10-year period from the date of registration.
If the registrant fails to file, before the end of the sixth year following registration, a Section 8 affidavit or declaration that sets forth goods and services in connection with which the mark is in use, the registration will be cancelled.
How Do I Amend a Trademark Registration? If your trademark registration is not the subject of a cancellation proceeding, then you can amend your trademark registration by filing a Section 7 Request for Amendment with the USPTO. The Section 7 is an online form that is available on the USPTO's website.
You must file a Section 8 declaration, specimen, and fee on a date that falls on or between the fifth (5th) and sixth (6th) anniversaries of the registration (or, for an extra fee of $100.00 per class, you may file within the six-month grace period following the sixth (6th) anniversary date).
Section 8 declarations require the owner to submit a specimen as evidence of the trademark's use. Without this filing, your trademark will be canceled at the conclusion of its renewal period. On the other hand, Section 15 filings are a request that can be made alongside the Section 8 filing.