What must be done if a registration was canceled due to not timely filing a Section 8 declaration?

If a trademark registration is canceled due to the failure to timely file a Section 8 declaration, the correct course of action is to file a new trademark application. A Section 8 declaration is a maintenance document required to confirm that the trademark is still in use and remains protectable. If this declaration is not filed within the specified time frame, the registration is canceled, and the trademark owner essentially loses the protections afforded by that registration.

Filing a new application allows the trademark owner to seek registration again, as the prior registration is no longer in effect. This new process will require fulfilling all standard examination procedures, including a review for distinctiveness and potential conflicts with existing trademarks.

The other options, while they might seem relevant in different contexts, do not apply here. A petition for revival pertains to situations where the applicant believes they can show good cause for why they missed the deadline but is not applicable once a registration is canceled. A reconsideration request typically applies when there has been an adverse decision from the Trademark Office, and appealing to the Trademark Trial and Appeal Board (TTAB) also does not relate to the situation at hand since the registration is no longer active. Therefore, the only viable option is to file a new application to seek trademark protection