Incontestable Trademarks

Federal trademark registration provides certain protections to businesses and other registrants who use and own trademarks and service marks to promote their goods and services. These protections are strengthened when a trademark becomes “incontestable” five years after its registration. Once a mark becomes incontestable, its validity cannot be challenged on a variety of grounds which often haunt other marks not deemed incontestable. Incontestable marks are immune to certain challenges, including that the mark is primarily merely descriptive and that it lacks secondary meaning.


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