Incontestable Trademarks – A Section 15 Declaration of Incontestability Protects TMs from Claims that the Mark is Merely Descriptive.

By Adams Law Office | November 20, 2024

After five years a trademark registered with the USPTO must be renewed by filing a Section 8 Declaration of Use. At the same time, a trademark registered on the Principal Register may be declared “incontestable” by filing a Section 15 Declaration of Incontestability. See, 15 U.S.C. §1065. Incontestability provides certain specific rights, stated in 15…

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