The declaration of incontestability is a legal document that allows a trademark owner to affirm that their registered mark has achieved a status of incontestability. This means that after five years of continuous use in commerce, the mark cannot be challenged on certain grounds. To file this declaration, the mark must still be in use, and it cannot have become generic.
This term is primarily used in trademark law. The declaration of incontestability provides significant legal advantages to trademark owners, as it strengthens their rights and makes it more difficult for others to contest the validity of the mark. This process can be managed by applicants themselves with the appropriate legal templates available through resources like US Legal Forms.
Here are a couple of examples of abatement:
Example 1: A company has been using its logo for a unique product for six years. They decide to file a declaration of incontestability to protect their trademark from potential challenges.
Example 2: A brand that has established a strong presence in the market for over five years may file this declaration to prevent competitors from claiming that the mark has become generic (hypothetical example).
The primary statute governing the declaration of incontestability is 15 USCS § 1065. This law outlines the requirements and procedures for filing the declaration.
| Term | Definition | Key Differences |
|---|---|---|
| Trademark Registration | The process of registering a trademark with the government. | Registration is the first step; declaration of incontestability is a subsequent affirmation of the mark's status. |
| Generic Mark | A term that has become common for a type of product or service. | A mark that is generic cannot achieve incontestable status. |
If you believe your trademark qualifies for a declaration of incontestability, consider the following steps:
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It provides legal protection for a trademark, making it harder for others to challenge its validity.