Combined Declaration of Use and Incontestability Under Sections 8 & 15

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	Trademark Electronic Application System
	United States Patent and Trademark Office

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. You must file the Combined 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 anniversary date). If you have NOT continuously used the mark in commerce for five (5) consecutive years, you must still file a Section 8 Declaration. You must subsequently file a Section 8 declaration, specimen, and fee on a date that falls on or between the ninth (9th) and tenth (10th) anniversaries of the registration, and each successive ten-year period thereafter (or, for an extra fee of $100.00 per class, you may file within the six-month grace period). FAILURE TO FILE THE SECTION 8 DECLARATION WILL RESULT IN CANCELLATION OF THE REGISTRATION. Note: Because the time for filing a ten-year Section 8 declaration coincides with the time for filing a Section 9 renewal application, a combined §§ 8 & 9 form exists.

NOTE: You must complete any field preceded by the symbol "*".

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Each time a function is performed, a new 60-minute period begins. Therefore, this session time limit should only be a problem if you start the form and then totally stop work for more than 60 minutes, but will not be an issue if you happen to take longer than 60 minutes of steady work to complete the form.

* Enter a Registration Number:	*(required only if completing the form for the first time)*

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WARNING: You are filing a Section 8 affidavit of use and a Section 15 affidavit of incontestability. If a Section 9 renewal application is also due, it is not included here. If necessary, please see the Combined declaration of use in commerce/application for renewal of registration of mark under Sections 8 & 9. If a Section 9 renewal application is due and is not timely filed, your registration will be cancelled. Please make sure you file all the required forms, and that the owner name identified on the form(s) is correct.

1. Is there one registrant but more than one signatory, or joint or multiple registrants?
Yes No If the answer is Yes, enter the number of signatories

2. Do you want to appoint a Domestic Representative?
Yes No

3. Is an attorney filing this form?

NOTE [UPDATED 03/03/2007]: The USPTO considers powers of attorney to end upon either (1) the date of registration; or (2) the final acceptance or denial of a required post-registration filing. Therefore, if you answer YES to this question and file this form, the USPTO will presume that you are now the registrant's attorney. This filing will now automatically update the "Attorney of Record" and the "Correspondence Address" data fields in the USPTO's TARR database. After submission of this form, it is no longer necessary to file a separate Appointment of Attorney form or Change of Correspondence Address form.
Once the USPTO recognizes an attorney with respect to the submission of a required post-registration filing, such as an affidavit under Section 8, an application for renewal under Section 9, etc., the USPTO will recognize only that attorney for all submissions related to that filing, such as responses to Office actions, petitions, etc., unless and until the registrant revokes and appoints a new power of attorney.

Yes No

4. What signature approach do you want to use? Choose one from below.
Sign electronically directly on this application E-mail Text Form to second party for electronic signature Handwritten pen-and-ink signature

The information collected on this form allows the applicant to demonstrate that it has commenced use of the mark in commerce. With respect to applications filed on the basis of an intent to use the mark, responses to the request for information are required to obtain the benefit of a registration on the Principal or Supplemental register. 15 U.S.C. § § 1058 and 1065 and 37 CFR Part 2, 2.167 and 2.168. All information collected will be made public. Gathering and providing the information will require an estimated 3 minutes. Please direct comments on the time needed to complete this form, and/or suggestions for reducing this burden to the Chief Information Officer, U.S. Patent and Trademark Office, U.S. Department of Commerce, P.O. Box 1450, Alexandria, VA 22313-1450. Please note that the USPTO may not conduct or sponsor a collection of information using a form that does not display a valid OMB control number.

Fri Jul 25 01:09:01 EDT 2008