Trademark Section 15

1065 provides a procedure by which the exclusive right to use a registered trademark in commerce can become incontestable.

Trademark section 15. An affidavit of use under 15 u s c. 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. 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.

Meet the trademark experts. For example even a prior unregistered user of the trademark is blocked from canceling your trademark registration when it is deemed incontestable. Section 15 is an affidavit claiming incontestable rights to your trademark within the services or goods described.

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. Section 15 of the trademark act 15 u s c. The section 15 declaration of incontestability is a document that s filed with the united states patent and trademark office uspto for the purpose of making a federally registered trademark incontestable.

Attend the hispanic innovation and entrepreneurship program. Your ownership of the trademark. In order to file a section 15 you will have to show.

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. Following the filing of a section 15 declaration the trademark becomes incontestable. Incontestable status denies adverse litigants the ability to challenge your trademark registration.

A section 15 declaration makes the trademark registration incontestable. Your exclusive right to use the mark. Oct 7 2020 virtual and dallas tx.