Tips from the Trademark Insider: Make Your Marks Incontestable!

File an affidavit to make your mark incontestable. After five years of continuous trademark use, Section 15 of the Trademark Act allows you to make your right to use a mark incontestable under certain conditions. As long as there has been no final decision adverse to your claim of ownership and there is no current proceeding against the mark, you can file an affidavit in the Trademark Office to make the mark incontestable. If the mark becomes incontestable, it is protected from a variety of grounds of attack including descriptiveness and likelihood of confusion.

The Trademark Company