15 U.S.C. § 1115: Incontestability and defenses

Citation: 15 U.S.C. § 1115

Type: Statute

Jurisdiction: Federal

Issuing body: U.S. Congress

Status: In force

After five years of continuous use following registration, an owner may file a declaration making the right to use the mark incontestable under section 1065, and an incontestable registration is conclusive evidence of the right to use under section 1115, subject to the listed defenses. Subsection (b)(4) preserves the descriptive fair use defense.

Related guides.

• Which Trademark Rights Can Be Enforced
• Defenses in Trademark Cases

Sources.

• Cornell LII: 15 U.S.C. § 1115

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