What is a Section 15 declaration of incontestability?
A Section 15 Declaration is an optional filing available to qualifying trademarks on the Principal Register after at least five consecutive years of continuous use. It allows the owner to claim incontestable status, which limits certain challenges to the registration.
Trademark maintenance deadlines are measured from the federal registration date, not the original application filing date. Owners should keep their contact information current and monitor the USPTO record so important deadlines are not missed.
Federal can remain active indefinitely, but only if the owner continues to meet legal requirements. Unlike a patent with a fixed term, a trademark registration must be maintained through continued qualifying use and periodic filings with the USPTO.
For most U.S. registrations, a Section 8 declaration is due between the fifth and sixth anniversaries of registration. A combined Section 8 and Section 9 filing is generally due between the ninth and tenth anniversaries and every 10 years thereafter. A six-month grace period is generally available after these deadlines with additional fees.
The Principal Register is the USPTO's primary federal trademark register and provides the full set of benefits available to qualifying federally registered marks.
A Section 15 declaration is an optional filing available to certain Principal Register registrations after qualifying continuous use. It can make the registration 'incontestable,' which limits some types of legal challenges but does not make the trademark immune from all challenges.