What is an affidavit of use?
An affidavit of use (also known as a Section 8 affidavit) relates to trademarks that have been federally registered pursuant to the Lanham Act. Specifically, it is a sworn statement from the registered trademark’s owner stating that the trademark has been continuously used since the date of registration. This affidavit of must be filed before the end of the sixth year following the date the trademark was originally registered. It must also be filed before the end of every ten year period after the date the trademark was registered. If an affidavit of use is not filed within these timeframes, the mark will be deemed abandoned and the trademark registration will be canceled.
This affidavit is also known as a Section 8 affidavit because the section of the Lanham Act which requires the affidavit is section 1058 (specifically, 15 U.S.C. 1058), which is commonly referred to as Section 8 of the Lanham Act.