What is an incontestable trademark?

An incontestable registration is conclusive evidence of the validity of the registered mark, of the registration of the mark, of the owner's ownership of the mark and of the owner's exclusive right to use the mark with the goods/services.A registered trademark is eligible for incontestable status after 5 years of continuous use subsequent to the date of registration of the mark. Once a mark is deemed incontestable, it may not be cancelled for any reason other than abandonment, genericness or fraud.

A section 15 declaration of incontestability and a fee is required to receive an incontestable registration. The declaration is typically filed in conjunction with the declaration of continuous use between the 5th and 6th year after registration.

To file a declaration of incontestability see our incontestable service options.

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