What is the Section 15 Declaration of Incontestability for a Trademark?

The Section 15 Declaration of Incontestability is a document that’s filed with the United States Patent and Trademark Office (USPTO) for the purpose of making a federally registered trademark incontestable.  The Section 15 Declaration may only be filed if (1) the mark is registered on the Principal Register, (2) the mark is still in use in commerce, and (3) the mark has been in continuous use for five consecutive years subsequent to the date of registration.  Once the USPTO acknowledges the Section 15 Declaration, the trademark owner’s right to use its mark in commerce in connection with the products/services listed in the registration becomes incontestable. What are the Benefits of an Incontestable Trademark? Once a registered mark has become incontestable, the trademark registration is considered conclusive evidence of (1) the validity of the registered mark, (2) the owner’s ownership of the mark, and (3) the owner’s exclusive right to use…

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