South Salem, NY asked in Trademark and Intellectual Property for New York

Q: What does Status 710-cancelled-section 8 means for a trademark? SOunds like it is cancelled?

2 Lawyer Answers
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
  • Trademarks Lawyer
  • Beverly Hills, CA

A: After federal registration of a trademark, the owner must maintain the registration by filing a declaration that the mark is still being used in commerce, paying a fee, and submitting a specimen showing the use; these requirements must be fulfilled between the 5th and 6th anniversary of the registration, and in the last year of the initial ten-year term. The time to comply with these maintenance requirements can be extended by 6 months on payment of a grace period fee, but after that time has run without compliance, the registration will be cancelled without further notice.

James L. Arrasmith
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A: Yes, a "Status 710 - Cancelled - Section 8" indicates that the trademark has been cancelled due to the owner's failure to file a Section 8 declaration, which affirms the continuous use of the trademark in commerce, between the fifth and sixth year following registration. It is essentially a declaration of continuous use to show that the mark is still in active use for the goods/services listed in the registration. Once cancelled, the trademark is no longer protected under federal law, but the owner might potentially reapply for registration or seek protection under state law.

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