Combined Declaration of Use and Incontestability of Trademark
What is this form?
The Combined Declaration of Use and Incontestability of Trademark is a legal document used by trademark owners to affirm their continued use of a registered trademark and to declare its incontestable status. This form serves a dual purpose: it confirms that the trademark is still in use in commerce and establishes its strong legal standing, which can significantly enhance protection against infringement. This document is particularly essential for businesses that want to ensure their trademarks remain safeguarded from unauthorized usage or challenges.
What’s included in this form
- Identification of the trademark and the owner.
- Declaration of continuous use of the trademark in commerce.
- Statement affirming the conditions for incontestability.
- Specifying the date of the trademark's first use in commerce.
- Signature of the trademark owner or authorized representative.
Common use cases
This form should be used when a trademark owner has been using their mark continuously for five years and wants to solidify its protection against legal challenges. It is particularly useful for businesses looking to enhance their trademarkâs enforceability and defend it against potential claims of infringement by other parties. Additionally, filing this declaration can be a strategic move to prevent others from canceling or challenging the validity of the trademark.
Who this form is for
- Trademark owners who have registered their trademark with the United States Patent and Trademark Office (USPTO).
- Businesses and individuals wishing to confirm continuous use of their trademark in commerce.
- Entrepreneurs looking to prevent others from challenging their trademark's validity.
- Any entity that has used its trademark without interruption for at least five years.
Instructions for completing this form
- Provide the name and contact information of the trademark owner.
- Identify the trademark being declared as in use.
- Clearly state the date when the trademark was first used in commerce.
- Include a declaration confirming the continuous use of the trademark for at least five years.
- Sign and date the form as required.
Notarization guidance
This form does not typically require notarization unless specified by local law. It is important to check state-specific requirements to ensure compliance before submission.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Mistakes to watch out for
- Omitting the required declaration of continuous use.
- Failing to sign and date the form appropriately.
- Not providing accurate first use dates, which can lead to rejection.
- Using incorrect trademark identifiers, leading to potential issues with registration.
Benefits of using this form online
- Convenient download that allows for easy access and completion.
- Editability ensures users can make necessary adjustments before submission.
- Access to reliable, attorney-drafted templates that ensure legal compliance.
- Time efficiency with instant availability compared to traditional methods of obtaining legal forms.
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FAQ
You may file a Combined Declaration of Use & Incontestability under Sections 8 & 15 only if you have continuously used a mark registered on the Principal (not Supplemental) Register in commerce for five (5) consecutive years after the date of registration.
A Section 8 Declaration is a statement made to the U.S. Patent and Trademark office (USPTO) affirming that your federally registered trademark has been in use continuously for a period five years. Failure to file it on time will result in the loss of the registration.
You must execute the declaration as to whether the marks have been in continuous use on the same goods or services as originally declared when the applications was file. If not, you must supply the appropriate information. You must pay for filing (currently $100).
Section 71 and Section 15 declarations are often filed together through a combined declaration. Trademark owners who opt for the combined filing are required to submit their combined declaration, the specimen of use, and filing fees between the fifth and sixth year following the approved registration of the trademark.
Filing a Declaration of Use after five years merged with a Declaration of Incontestability is $425 for each class (if filed before the grace period). Filing a Declaration of Use and a renewal application after every ten years is $525 for each class.
Filing Declaration of Use and Application for Renewal every 10 years (Combined §8 declaration and §9 renewal): $525 per class (if filed before the grace period). 4. Filing Declaration of Incontestability (§15 declaration): $200 per class.
Declaration of incontestability under §15 A Section 15 declaration of incontestability is a signed statement that the owner claims incontestable rights in a trademark and continuous use of the trademark for five years. Following the filing of a Section 15 declaration, the trademark becomes incontestable.
