Q: What does Status 710-cancelled-section 8 means for a trademark? SOunds like it is cancelled?
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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
