A trademark that has been registered on the Principal Register and in use in commerce consistently for five consecutive years is eligible to file for incontestability. This makes such trademarks immune from some of the most frustrating challenges from other trademarks and their owners.
First, the things that Incontestability do not immunize a trademark completely from are:
The benefits of filing for incontestability are that the mark cannot normally be challenged based on:
So, while incontestability does not make your trademark permanently and completely invincible, it does confer some benefits on a trademark owner that can save a lot of time and money if there ever is a legal challenge. If you own a registered trademark that has been in use consecutively for at least five years, it is definitely worth it to file the appropriate documents with the USPTO to make that mark incontestable. Ideally, this is done at the same time as the first renewal, which is due between the fifth and sixth year after the trademark has been registered.
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