WebSection 15 is an affidavit claiming incontestable rights to your trademark within the services or goods described. In order to file a Section 15, you will have to show: Your trademark’s … WebThe requirements for the declaration are set forth in Section 8 of the Lanham Act. (15 United States Code, Section 1058) and explained below. The fee (currently $100) must be enclosed along with a specimen of the mark as it is currently used for each class of goods or services.
Section 15 affidavit (Incontestability Affidavit) - mark law
WebSection 15 allows for the incontestability of a mark if a separate filing is made with the USPTO five years after registration. The filing must attest to the fact that the mark has … Web22 Feb 2024 · As a final matter, registrants often file a Section 15 declaration of incontestability at the same time the first Section 8 affidavit of use is due. To make the declaration in good faith, a registrant must be able to state that the goods or services listed in the declaration have been in continuous use in commerce for the last five years. jerma dog
eCFR :: 37 CFR 2.167 -- Affidavit or declaration under section 15.
WebA Section 15 affidavit is a statement made by the owner of a registered trademark after five years of registration. The statement confirms that the trademark has been used continuously in commerce for at least five years, has not become a generic term, and has not been challenged in court. Web27 Nov 2024 · Required filings. You must file these documents within these deadlines to keep your trademark registration alive: Between the fifth and sixth years after the registration date. File a Declaration of Use and/or Excusable Nonuse under section 8. Between the ninth and 10th years after the registration date. File the first Declaration of … Web14 Feb 2011 · Specifically, Section 15 provides that the owner’s right to use the registered trademark in connection with the associated goods and/or services shall be deemed “incontestable” where the registered mark has been in continuous use by the registrant for five consecutive years subsequent to the registration date. jerma eats a bird