A trademark which has gained incontestability status offers many benefits -- especially when it comes to trademark litigation and the enforcement of your trademark rights. When a trademark has gained incontestability status, the registration becomes conclusive evidence of:

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• The trademark owner's ownership in the trademark;

• The trademark owner's exclusive right to use the trademark with the registered goods and services;

• The registration of the trademark; and

• The validity of the registered trademark.

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Stated another way, when an owner of an incontestable trademark goes to enforce that trademark in a court of law against an infringer, the owner does not have to spend exhaustive time, money, or resources proving that the owner owns the mark and has exclusive rights in the mark. The registration is conclusive proof of this and it is taken as fact.

 

Thus, incontestability is a very powerful tool when it comes to enforcing your trademark and is a formidable deterrent to competitors who may decide to not use their preferred names and decide to change their names to simply because you have an incontestable trademark.