Basic business rule is that it takes 3 to 5 years for a business to become profitable or if it is going to fail, it is usually by the fifth year. Most business fail between the third and fifth year. To file the Section 8 between the third and fourth year would probably increase the number of deadwood registrations since the registration would be good for an additional 6 to 7 years instead of 5 years. Based on this premise, the fifth year is better if the goal is to remove deadwood from the register.
On the other hand, if the law provided that the registrant had to file a section 8 during the third year and sixth year, then I believe the goal of clearing out the deadwood would be a better solution.
Annette P. Heller
Trademark & Copyright Attorney
400 Chesterfield Center Suite 400
Chesterfield [St. Louis] MO 63017
314-469-2610 Fax 314-469-4850