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

[voyer@keganlaw.com]

> So how was a Section 8 filed without saying anything about goods C? 
	Paper filing; Human error, etc ?

Daniel Kegan *  <daniel at keganlaw.com>
KeganLaw * Counsel to Counsel™ * <http://www.keganlaw.com>
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> On Mar 25, 2024, at 1:51 PM, Kevin Grierson via E-trademarks <e-trademarks at oppedahl-lists.com> wrote:
> 
> 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 <mailto: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 <mailto:e-trademarks at oppedahl-lists.com>
> Cc: Vic Indiano <gadgetlawyer at yahoo.com <mailto: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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