We are independent & ad-supported. We may earn a commission for purchases made through our links.
Advertiser Disclosure
Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.
How We Make Money
We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently of our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.
Contract

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

What is an Affidavit of Use?

By Angie Bates
Updated: May 16, 2024
Views: 13,230
Share

An affidavit of use is filed in conjunction with a Section 9 renewal application in order to keep a registered trademark valid in the United States. The affidavit provides proof that the trademark in question is still being used in the capacity that was indicated on the original application. This affidavit must be filed by the owner of the trademark. Initial registration and renewals for trademarks are handled by the United States Patent and Trademark Office. A trademark, or logo, is not required to be registered in the U.S., but there are advantages to registering.

Trademarks can be designs, letters, or words. Though the same unregistered trademark can be used in different parts of the country, a registered trademark must be unique. Additionally, the federal court will hear cases only regarding registered trademarks. The specifications for an affidavit of use appear in Section 8 of the Lanham Act, so these affidavits are also called Section 8 affidavits.

When initially registering a trademark, the applicant must provide a drawing of the mark, a listing of goods and services the mark will be used for, and a specimen, or sample, of what the mark will be used on. Only those goods and services that are listed in the original application for the trademark can be listed on the affidavit of use. The U.S. Patent and Trademark Office will not legally recognize any goods and services using the mark that are not on listed on the original application.

An affidavit of use must be filed after the fifth year but no later than the sixth year after the initial application for the trademark is approved. Additional affidavits must be filed every 10 years for as long as the mark is in use. Prior to 16 November 1989, additional renewals were filed only every 20 years. For a late fee, a renewal can be filed as much as six months after the trademark technically expires.

A declaration of excusable nonuse is also filed under a Section 8 affidavit. This declaration states that though a trademark is not currently in use, its nonuse is because of circumstances beyond the owner's control and is only temporary. In order to be considered, the applicant must give the dates that the mark was terminated and expected to be reinstated, reasons the mark was out of use and steps taken to reinstate the mark. Possible reasons for excusable nonuse are trade embargoes or extensive replacement or repair of equipment if that repair is mandatory. If the mark go unused for three years without the owner trying to reinstate it, it is considered abandoned.

Share
MyLawQuestions is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.
Discussion Comments
Share
https://www.mylawquestions.com/what-is-an-affidavit-of-use.htm
Copy this link
MyLawQuestions, in your inbox

Our latest articles, guides, and more, delivered daily.

MyLawQuestions, in your inbox

Our latest articles, guides, and more, delivered daily.