Jite Intellectual Property: What is the US Trademark Office’s Article 15 Trademark Incontestability Statement?

Your Section 15 trademark incontestability statement allows you to obtain the highest level of trademark protection required under federal law. Once your claim is approved by the United States Patent and Trademark Office (USPTO), you are protected from many legal challenges that people or businesses might have to challenge your trademark rights.

You can file an incontestable claim if your trademark certificate states that the mark is on the Principal Register and you have used the mark in commerce continuously for five (5) consecutive years since the mark was registered. statement.

With undisputed status, you are protected from challenges on the following aspects of your trademark:

(1) Not inherently distinctive and lacking secondary meaning; (2) Confusingly similar For others to start using the trademark before the owner registered it; (3) simply works. There is an additional filing fee to submit this form, but undisputed registration only requires a one-time submission.