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Simple English definitions for legal terms
declaration of incontestability
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A quick definition of declaration of incontestability:
A declaration of incontestability is a statement made by the owner of a registered trademark after five years of registration. The statement confirms that the trademark has been in continuous use in commerce for at least five consecutive years since registration, has not become generic, and has not been subject to any final adverse decision or pending proceedings in the U.S. Patent and Trademark Office or courts. This statement provides the trademark with immunity from some legal challenges under § 15 of the Lanham Act.
A more thorough explanation:
A declaration of incontestability is a statement made by the owner of a registered trademark after five years of registration. The statement declares that the mark has been in continuous use in commerce for at least five consecutive years since registration, has not become generic, has not had any final adverse decision to ownership, and has no pending proceeding in the U.S. Patent and Trademark Office or courts involving the mark.
The declaration of incontestability provides the mark with immunity from some legal challenges under § 15 of the Lanham Act. This means that the mark cannot be challenged on certain grounds, such as being merely descriptive or lacking distinctiveness.
After five years of registration, the owner of the trademark "Nike" submits a declaration of incontestability. The statement declares that the mark has been in continuous use in commerce for at least five consecutive years since registration, has not become generic, has not had any final adverse decision to ownership, and has no pending proceeding in the U.S. Patent and Trademark Office or courts involving the mark. This declaration provides the "Nike" mark with immunity from certain legal challenges.