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SAM IP Trademark Attorneys

Trademark Incontestability Filings

After your trademark has been registered for five years, your trademark is may be eligible to be granted trademark incontestability status which will add additional benefits to the benefits already granted to you by virtue of your federal registration. Upgrading your trademark to the trademark incontestability status makes your trademark stronger and more valuable -- especially when it comes to enforcing your trademarks against competitors.

Requirements For Incontestability Status

The key requirement for your trademark to be eligible for incontestability status is that your federally registered trademark has been in "continuous use" for five years from the date of registration. Furthermore, the trademark must remain in use at the time incontestability is claimed. 

What Are The Benefits Of An Incontestable Trademark?

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:

  • 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.

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. 


As described above, an incontestable trademark may be a very powerful asset to any business venture. However, it should be noted that just because a trademark has incontestability status does not make it completely bullet proof. Furthermore, there are many nuances that play into the eligibility of a trademark to receive incontestability status. Our experienced trademark attorneys are ready to answer your questions and assist you with gaining incontestability status for your trademark and also in enforcing all of your trademark rights. Contact us today for assistance.

Contact Us Today To Begin Your Trademark Protection

Our trademark attorneys are ready to listen to you and to tailor a unique plan that fits your needs and grants you the greatest degree of trademark protection at an affordable price. We offer flat-fee quotes for trademark registration and for many of our other trademark services, as well as hourly rates depending on our clients' unique situations and needs. If you are ready to begin your trademark registration, enforcement, or have questions about trademarks, call us today to speak to an attorney or fill out our message form.   


(650) 285-1799


(801) 753-9055

(435) 650-8019

Colorado & Eastern Utah

Trademark, Herbothecary

Some of our trademark work.

Get Help Now


(650) 285-1799


Colorado & Eastern Utah........

(801) 753-9055

(435) 650-8019


For answers to questions or for counseling, please contact our office. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information until such time as an attorney-client relationship has been established.

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