Declaration of Incontestability

Trademark Renewals with a Declaration of Incontestability

After your trademark has been registered for five years, you may be eligible to file a Declaration of Incontestability. This optional filing strengthens your trademark by providing additional legal protections that make it more difficult for others to challenge your rights. Once accepted, incontestable status offers several key benefits:

• Immunity from “Merely Descriptive” Challenges
  Protects your trademark from being attacked on the grounds that it simply describes the associated goods or services and lacks distinctiveness.

• Protection Against Claims of Genericness at Registration
  Bars arguments that your trademark was generic at the time of registration—reinforcing its validity as a source identifier.

• Defense Against Certain Prior Use Claims
  Limits the ability of others to invalidate your trademark based on their earlier, unregistered use of a similar mark in some circumstances.

While not required, filing a Declaration of Incontestability can be a valuable tool in reinforcing your brand’s legal standing and long-term enforceability.