--- title: "USPTO Section 8 declaration of use" url: "https://ailawframework.com/precedents/intellectual-property-patents-trade-marks-copyright-designs/us-section-8-declaration" type: "precedent" site: "AI Law Framework" id: "a23-us-section-8-declaration" area_id: "A23" kind: "form" ai_level: "red" version: 1 law_stated_as_at: "2026-10-22" --- # USPTO Section 8 declaration of use > Link to the USPTO Section 8 declaration of use or excusable nonuse, filed in Trademark Center between the fifth and sixth anniversaries.… Canonical page: https://ailawframework.com/precedents/intellectual-property-patents-trade-marks-copyright-designs/us-section-8-declaration Law stated as at: 2026-10-22 Site index for agents: https://ailawframework.com/llms.txt Link to the USPTO Section 8 declaration of use or excusable nonuse, filed in Trademark Center between the fifth and sixth anniversaries. It requires a verified statement, which 37 CFR 2.2 defines as sworn or as a 2.20 or 1746 declaration. ## Key facts - Kind: Form. A form to complete, or a guide to completing an official one. - Practice area: [Intellectual Property — Patents, Trade Marks, Copyright, Designs](https://ailawframework.com/precedents/intellectual-property-patents-trade-marks-copyright-designs.md) - Jurisdictions: United States - AI level: Red. You write the text. The tool writes nothing into the document. Where permitted, it may check, clarify or collect data, and anything it checks or collects is verified. - Law stated as at: 2026-10-22 - Status: Maintained. Checked on 2026-10-22 against the official form at uspto.gov and the 4 authorities it cites, for United States. ## When to use it Use when the owner of a US registration must file a Section 8 declaration, specimen and fee between the fifth and sixth anniversaries of registration, or in the six-month grace period. The combined Section 8 and 9 form is a different filing, used when the 10-year declaration falls due. ## How AI may be used The tool may list whether the anniversary window, the specimen and the fee are still unchecked, and it must not draft the verified statement or the facts of use or nonuse. **AI may:** - List the fifth and sixth anniversaries, and the six-month grace period, from dates the lawyer supplies, and flag the extra fee the maintain page states - Remind the lawyer that a filing by an attorney updates the attorney of record, and that 37 CFR 2.193 was not opened **AI must not:** - Must not draft the verified statement, the assertion of use, or the excusable-nonuse facts - Must not decide that nonuse is excusable or that the owner has not abandoned the mark - Must not describe the specimen - Must not sign the declaration or say that a particular person may sign. Section 2.193 was not opened **The lawyer checks:** - The maintain page says a Section 8 declaration, specimen and fee is filed on a date between the fifth and sixth anniversaries, or in the six-month grace period after the sixth anniversary for an extra fee of $100 per class. Failure to file cancels the registration - The filing link on that page is Trademark Center, post-registration, SECT08. The page was last updated on 21 October 2026. A combined Sections 8 and 9 form is a separate item for the 10-year window - 37 CFR 2.161 requires a verified statement attesting to use in commerce or excusable nonuse, executed on or after the start of the filing period in 37 CFR 2.160(a). Section 2.160 was not opened - 37 CFR 2.2(n) defines a verified statement as a statement sworn to, made under oath or in an affidavit, or supported by a declaration under 37 CFR 2.20 or 28 U.S.C. 1746, and signed as 37 CFR 2.193 requires. Section 2.193 was not opened - 37 CFR 2.20 permits a declaration warning that willful false statements are punishable by fine or imprisonment, or both, under 18 U.S.C. 1001. The Trademark Center screen was not opened, so this note does not quote an on-screen declaration - If the mark is not in use on all the goods or services, 2.161 requires the date use stopped, the approximate date it is expected to resume, and facts showing special circumstances that excuse the nonuse and that the nonuse is not an intention to abandon the mark ## Authorities - [USPTO, Maintain a trademark registration, page last updated 21 October 2026, opened 22 October 2026](https://www.uspto.gov/trademarks/maintain) - [37 CFR 2.161, requirements for a complete Section 8 affidavit or declaration, eCFR opened 22 October 2026 (85 FR 73216, 17 November 2020)](https://www.ecfr.gov/current/title-37/section-2.161) - [37 CFR 2.2(n), definition of verified statement, eCFR opened 22 October 2026, source note through 84 FR 37093, 31 July 2019](https://www.ecfr.gov/current/title-37/section-2.2) - [37 CFR 2.20, declaration in lieu of an oath, eCFR opened 22 October 2026 (80 FR 33178, 11 June 2015)](https://www.ecfr.gov/current/title-37/section-2.20) ## Official form [Official form](https://www.uspto.gov/trademarks/maintain) ## Where this comes from The official form is published by uspto.gov; this page is a completion guide. Last checked on 2026-10-22. ## Full text and drafting notes The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/intellectual-property-patents-trade-marks-copyright-designs/us-section-8-declaration and through the signed-in MCP connector https://ailawframework.com/mcp/firm. *Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*