DECLARATION OF INCONTESTABILITY
declaration of incontestability.Trademarks. A sworn statement submitted by the owner of a
registered mark after five years of registration, averring that the mark has been in continuous use
in commerce for at least five consecutive years since registration, that the mark has not become
generic, that there has been no final adverse decision to ownership in the mark, and that there is no
pending proceeding in the U.S. Patent and Trademark Office or courts involving the mark. • The
statement entitles the mark to immunity from some legal challenges under § 15 of the Lanham Act.
— Also termed affidavit of incontestability; affidavit under § 15; declaration under § 15; Section
15 affidavit; Section 15 declaration. [Cases: Trade Regulation 251.C.J.S. Trade-Marks,
Trade-Names, and Unfair Competition §§ 149, 199–201.] [Blacks Law 8th]