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To file the Section 8 declaration, the owner of a registered trademark must sign the declaration attesting to continuous use of his mark (or provide an explanation why it has not been in continuous use), submit the government filing fee of $125, and provide specimens of use (i.e., unedited photographs) for each class
Federal trademark law defines use in commerce as the bona fide use of a mark in the ordinary course of trade, and not made merely to reserve a right in a mark. As a result, the trademark owner must show actual use of the mark, not or sham use of it.
Declaration of Use allows trademark owners to keep their trademark registration alive. It is a signed statement stating that a particular trademark is used in commerce in the US market. A trademark owner will be asked to file the Declaration between the 5th and 6th year from the registration date.
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