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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.

Section 15 Incontestability affidavit

Advantages with Section 15 Incontestability Filing

  1.  Third parties can no longer challenge your ownership of the mark.
  2. Third parties cannot challenge your mark based on trademark or service mark descriptiveness.
  3. 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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Page Author: Bharath Konda, Esq.
Bharath Konda is a trademark attorney. He has a law license in Minnesota and the District of Columbia. He provides trademark registration services for individuals and businesses. Feel free to check attorney profile on legal information retrieval websites such as Avvo and Justia. Some of the sample trademark attorneys answered questions are on platforms such as Justia ask a lawyer platform and Avvo platform.