A §15 Declaration of Incontestability is a sworn statement filed by the owner of a mark registered on the Principal Register, claiming “incontestable” rights in the mark for the goods/services specified. An “incontestable” registration is conclusive evidence of the following:
- validity of the registered mark,
- the registration of the mark,
- the owner’s ownership of the mark, and
- the owner’s exclusive right to use the mark with the goods/services
A §15 Declaration can only be filed if the following requirements are met:
- The trademark has been in continuous use in commerce for a period of five years after the date of registration (or the date of publication under 15 U.S.C. §1062(c)) with the goods or services listed in the registration and is still in use in commerce.
- There has been no final legal decision adverse to the owner’s claim of ownership of the trademark, or to the owner’s right to register the trademark or to keep the registration.
- There is no pending legal proceeding involving the trademark in the USPTO or in a court of law.