Trademark Affidavit Filing

Trademark Affidavit (Statement of Use) Overview

A Trademark Affidavit is an official declaration submitted by the applicant or registrant to the USPTO (United States Patent and Trademark Office) to verify the current use of a trademark or to maintain its registration status.
When submitting an Affidavit, the applicant must certify under oath that all information provided is true and accurate, and may face legal consequences for false statements.

Common Situations Requiring a Trademark Affidavit

Section 8 – Declaration of Use

During the 5th–6th year after registration, and every 10 years thereafter, trademark owners must submit a sworn declaration confirming:

• The trademark is still in actual use in U.S. commerce,
  or

• There is a valid reason for non-use.

Supporting specimens of use must also be submitted (e.g., packaging, website screenshots, labels, product photos, etc.).

Core Content of an Affidavit

• A sworn statement confirming the trademark is in actual use (or explaining the reason for non-use)

• Submission of specific evidence of use

• A declaration that all information is true and complete

• Confirmation that false statements may result in cancellation of the trademark and legal liability

Why Is the Affidavit Important?

The Affidavit is a critical requirement for maintaining the validity of a U.S. trademark.
Failure to submit it on time may result in:

⚠ Cancellation of the trademark
⚠ Loss of legal protection
⚠ Damage to your brand rights