What is a Declaration of Incontestability and When May It Be Filed?


Category: Intellectual Property Law

A federal trademark registration can become incontestable if the mark has been used continuously for any consecutive five-year period after registration upon the filing of a Declaration of Incontestability. Accordingly, either simultaneously with the filing of the Declaration of Use, or at any subsequent point, the owner of the trademark registration may file such a declaration attesting to the continuous use of the mark.

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