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]