Section 8 declaration, Declaration of incontestability for USA trademark
Section 8 Declaration / Declaration of Incontestability for Trademarks in the USA
To secure the protection of your trademark in the USA, it is necessary to file certain declarations and applications with the United States Patent and Trademark Office (USPTO). One of these crucial declarations is the Section 8 Declaration along with the Declaration of Incontestability. Both are essential to ensure the continuation and incontestability of your trademark.
What is a Section 8 Declaration?
The Section 8 Declaration is proof that your trademark is still in use in the USA. This proof must be filed between the fifth and sixth year after your trademark's registration. Failure to file this declaration in time can result in the loss of your trademark registration.
What is a Declaration of Incontestability?
After five years of continuous use of the trademark in the USA, you can file a Declaration of Incontestability in addition to the Section 8 Declaration. This declaration significantly strengthens your trademark's legal position by making it virtually incontestable. This means that the trademark can no longer be challenged by third parties based on certain objections.
Our Services
- Consultation and Preparation: We provide comprehensive advice on the requirements and process of the Section 8 Declaration and the Declaration of Incontestability.
- Document Preparation: Our experienced team prepares all necessary documents, ensuring they are correct and complete.
- Filing and Tracking: We handle the filing of the declarations with the USPTO and track the status of your applications until confirmation.
Why Choose Liesegang & Partner?
- Experience and Expertise: With years of experience in trademark law and specific expertise in US trademark law, we are your reliable partner.
- Personalized Service: We offer personalized service and tailored solutions to meet your specific needs.
- Transparent Costs: Our services are provided at transparent and fair prices. You will know exactly what costs to expect.