Section 15 Incontestability Affidavit
After the USPTO trademark registration and is in continued use for 5 consecutive years, you can file for section 15 affidavit for incontestable trademark status or declaration of incontestability.
Advantages with Section 15 Incontestability Filing
- Third parties can no longer challenge your ownership of the mark.
- Third parties cannot challenge your mark based on trademark or service mark descriptiveness.
- This is highly desired result from the perspective of a trademark owner to protect and control the use of brand name and good will.
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