(166)                        Section 8 Requirements
                          For Trademark Registrations

   Any registrant who files in the Patent and Trademark Office, on or 
after November 16, 1989, an affidavit or declaration under Section 8 of 
the Trademark Act will be required to comply with the requirements of 
the Trademark Law Revision Act of 1988 [Title 1 of Pub. L. 100-667, 102 
Stat. 3935 (15 U. S. C. 1051)], which takes effect on November 16, 1989. 
The Trademark Law Revision Act amends 15 U. S. C. 1058(a) by adding the 
requirement that a registrant submit an affidavit "setting forth those 
goods or services recited in the registration on or in connection with 
which the mark is in use in commerce and attaching to the affidavit a 
specimen or facsimile showing current use of the mark...."
   For Section 8 affidavits or declarations filed on or after November
16, 1989, the Patent and Trademark Office will require registrants to
specify the goods and services to which the Section 8 affidavit or
declaration pertains. The registrant may comply with the requirement for
specification of its goods and services by listing each of the goods and
services to which the Section 8 affidavit or declaration pertains or by
making an all-encompassing reference to the goods and services recited
in the registration (e.g., "The mark is in use in connection with all
the goods and services recited in the registration." or The mark is in
use in connection with all the goods and services recited in the
registration, with the exception of ...". The Patent and Trademark
Office prefers that the registrant use an all-encompassing reference to
its goods and services as the method of specification, especiallly where
the mark is registered for numerous goods and services.
   If the registrant fails to file, before the end of the sixth year
following registration, a Section 8 affidavit or declaration that sets
forth goods and services in connection with which the mark is in use,
the registration will be cancelled. Similarly, those goods or services
recited in the registration but not specified in a Section 8 affidavit
or declaration filed before the end of the sixth year following
registration will be deleted from the registration. After the end of the
sixth year following registration, the Patent and Trademark Office will
not accept a substitute Section 8 affidavit or declaration filed to
correct registrant's failure to specify, or to specify completely, the
goods and services on or in connection with which the mark is in use.
   A Section 8 affidavit or declaration filed on or after November 16,
1989 must include a specimen or facsimile showing current use of the
registered mark. The registrant will be required to file one specimen or
facsimile for each class of goods or services to which the registration
pertains. For a single-class registration covering multiple goods or
services, only one specimen or facsimile showing current use of the mark
on one of the goods or services in that class will be required.
Similarly, for a multiple-class registration, the registrant will be
required to file, for each class of goods or services covered by the
multiple-class registration, one specimen or facsimile showing current
use of the mark on one of the goods or services in that class.
   If the registrant fails to file, before the end of the sixth year
following registration, an affidavit or declaration that includes a
proper specimen or facsimile for each class of goods or services to
which the registration pertains, the registration will be cancelled as
to that class of goods or services. After the end of the sixth year
following registration, the Patent and Trademark Office will not accept
a substitute Section 8 affidavit or declaration filed to correct the
omission of a proper specimen or facsimile.

June 15, 1989                                           Jeffery M. Samuels
                                     Assistant Commissioner for Trademarks

                                [1104 TMOG 22]