Section 15 Trademark

Your ownership of the trademark.

Section 15 trademark. Oct 7 2020 virtual. There has been no final adverse court decision affecting the registrant s ownership or right to use the trademark. A section 15 declaration of incontestability is a signed statement that the owner claims incontestable rights in a trademark and continuous use of the trademark for five years.

1064 limits the grounds that a third party can raise in a petition to cancel a mark registered on the principal register when the petition is filed more. Not only is it recommended that trademark owners file a section 15 it s easy to do and can be done online at the uspto website. However the filing of the section 15 declaration is recommended because it expands trademark rights by making it more difficult to challenge the mark.

A section 15 declaration is not necessary for maintaining ownership or rights under trademark law and the failure to file the declaration does not result in the loss of any rights. Section index subchapter i the principal register. Oct 7 2020 virtual and dallas tx.

Incontestability of right to use mark under certain conditions taken from the u s. Meet the trademark experts. Following the filing of a section 15 declaration the trademark becomes incontestable.

Section 15 is an affidavit claiming incontestable rights to your trademark within the services or goods described. The section 15 declaration may only be filed if 1 the mark is registered on the principal register not the supplemental register 2 the mark is still in use in commerce and 3 the mark has been in continuous use for five consecutive years subsequent to the date of registration. Government publishing office in february 2016 15 u s c.

A section 15 is simply a sworn statement you file which is placed on the principal register and declares your rights on the mark to be incontestable. To claim that a mark registered on the principal register is now incontestable you must file a section 15 declaration once the mark has been in continuous use in commerce for a period of five 5 years after the date of registration or date of publication under 12 c and the mark is still in use in commerce. A section 15 declaration requires the filing of a sworn statement that.