Q: It said canceled sec. 8 Can I register this word then?
I want to register word mama
A:
There is a requirement under Section 8 of the Trademark Act to file an affidavit or declaration of use of the mark (or an excusable reason for non-use) in addition to a fee – at different time periods after the registration of a trademark.
Consider consulting with a trademark attorney to look at the specific facts of the situation – and what actions need to be taken.
Not making a filing under Section 8 can be harsh – cancellation of the registration and the requirement for re-filing if federal rights are desired (that does not mean other trademark rights are lost such as common law rights). But make sure what you think has happened, has actually happened. Consult with an attorney.
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