A Declaration of Incontestability under Section 15 is a signed statement that a registered trademark owner claims incontestable rights to a trademark having continuously used the trademark in commerce for five years.
By Desirée Townsend
During the first required renewal of a trademark, between the 5th and 6th year anniversary following registration, a trademark owner can also file with is called a Section 15 - Declaration of Incontestability. The filing of a Section 15 makes the trademark incontestable.
This optional filing is allowed only after five years of consecutive use from the date of the federal registration for the listed goods or services. This may be any five-year period after the date of registration for most registered trademarks.
The trademark must be on the Principal Register and not the Supplemental. After filing of the Section 15, the trademark is "incontestable" making the trademark difficult to legally challenge or contest. The question of whether the registration is incontestable arises and is determined by a court if there is a proceeding involving the mark.
Read more about a Section 15 in the Trademark Manual of Examining Procedures.
A Section 15 can be combined during the 5th-6th year renewal period with the required Declaration of Use - Section 8. The form is referred to as a Combined Declaration of Use and Incontestability under Sections 8 & 15.
As always, consult with an attorney before taking action on any of the items contained within this article.
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