An Affidavit of Use under 15 U.S.C. §1058 (“Section 8”) must be filed between the fifth and sixth years of registration. This filing proves that the mark is still being used in commerce. A six-month grace period for filing the Section 8 exists as long as the required fee is paid.[1] Please note that a Section 8 affidavit is required in order to maintain your registration. Failure to file the required Section 8 affidavit will result in the automatic cancellation of your registration by the U.S. Patent & Trademark Office.
For registrations issued under the Madrid Protocol, the Section 8 affidavit is known as a Section 71 affidavit