What is a Statement of Incontestability?

A Statement of Incontestability, filed by the owner of a mark registered on the Principal Register, acts as a testament to the validity of the mark and its registration. It affirms the trademark owner's exclusive right to use the mark in connection with specified goods and services. To qualify as “incontestable,” the trademark must have been continuously used in commerce for a minimum of five years following its registration and must still be in active use at the time of filing the Statement of Incontestability.

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