Declaration of Incontestability Law and Legal Definition

Pursuant to 15 USCS § 1065, to claim that a mark registered on the Principal Register is incontestable; an applicant should file a declaration of incontestability. This declaration can be filed once the mark has been in continuous use in commerce for a period of five years after the date of registration, and the mark is still in use in commerce. Declaration of Incontestability can also be filed within one year after the expiration of five-year period of continuous use following registration. The mark should not have become generic