Q: What is "Status710 - Cancelled - Section 8" when speaking in trademark situations?
A:
This means that a federal trademark registration was cancelled for failure to file the required proof that the mark was still being used in commerce. An Affidavit of Use (under Section 8) must be filed both between the fifth and sixth year after registration, and then again sometime during the year before the end of every ten-year period after the registration date. You do get a six month grace period after the end of each of those periods, but that requires an additional fee. The affidavit basically just asserts that the mark is still in use, and provides another specimen proving that.
In addition to the affidavit on continued use, the registration has to be renewed (under Section 9) during that same year before the end of every ten-year period after the registration date (also a six months grace period exists).
The bad news is that, if the grace period has already past, registrations cancelled for failing to file a Section 8 affidavit or a Section 9 renewal cannot be revived or reinstated. A new application has to be filed.
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