Declaration of Incontestability

Trademark Renewals with a Declaration of Incontestability

After you have had your trademark registered for 5 years, you have the option to file a Declaration of Incontestability. This is a special legal status that strengthens your trademark by making it harder for others to challenge your ownership. Specifically, the declaration provides the following recommended benefits:

• Immunity from "Merely Descriptive" Claims: Prevents challenges arguing that your trademark simply describes the goods or services and lacks distinctiveness.

• Protection Against Genericness (at Registration): Stops claims that your trademark was generic at the time it was registered.

• Defense Against Prior Use Claims: Shields the trademark from being invalidated based on others’ earlier, unregistered use of similar marks in certain cases.

  We commonly file this declaration at the time of your first renewal, but it can also be filed later. Filing the declaration costs an extra $250 in government fees as of January 18th, 2025. Currently the fee is $200.