[E-trademarks] Amending a Sections 8 and 15 Declaration

[Kevin Grierson]

How do you file a Section 8 without saying anything about certain goods?  The default declaration indicates that the mark is still in use on all the goods that were not deleted.  I would think that the TEAS form would not let you complete a filing without providing a specimen for, or deleting, each class (other than a declaration of excusable non-use).

So how was a Section 8 filed without saying anything about goods C?

Kevin Grierson​​​​
CULHANE|MEADOWS PLLC<http://www.culhanemeadows.com/>
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From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com> On Behalf Of Vic Indiano via E-trademarks
Sent: Saturday, March 23, 2024 3:46 PM
To: e-trademarks at oppedahl-lists.com
Cc: Vic Indiano <gadgetlawyer at yahoo.com>
Subject: [E-trademarks] Amending a Sections 8 and 15 Declaration

EXTERNAL EMAIL


I recently took over a case where a sections 8 and 15 declaration had been filed.

Prior to the filing, the registration included five goods-- A, B, C, D, and E.

In the declaration,

    1.    goods A and B were deleted;

    2.    Goods D and E were listed as still being used; and

    3.    Nothing was said about goods C.  It was neither listed as deleted nor listed as still being used.

It would seem that the best way to reinstate goods C would be to file a voluntary amendment, that would include statements relating to

(a) goods C still being in use;
(b) a specimen showing goods C;
(c) a declaration similar to the declaration that one normally files in connection with a sections 8 and 15 declaration; and
(e) a miscellaneous statement describing what happened, the reason for the amendment etc.

Am I on the right track?
Does anyone else have any better ideas?
Am I missing something?

Thank you in advance for your help in your thoughts.

Vic

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