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Detroit Trademark Attorneys: What Is a Declaration of Incontestability?

Detroit Trademark Attorneys: What Is a Declaration of Incontestability? - Blog | HIlla Law Firm - declaration_of_incontestability

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Making Your Registered Trademark Bulletproof 

Once you have successfully registered your trademark with the US Patent and Trademark Office (USPTO), that is not the end of the effort you must expend with regard to the trademark. 

Unlike copyright or patent protection, trademark protection is not extended merely to protect your creative work. Trademark protection exists to protect consumers from confusion as to the source of a product or service being marketed in interstate commerce. 

In other words, you have to be in business in order to keep your trademark registration. 

Maintaining Your Trademark Post-Registration

If you stop using your trademark "in commerce," it will be abandoned and will be available for registration who is using it in commerce. 

Thus, between the 5th and 6th years post-registration, you must file a Declaration of Use with a specimen proving the ongoing commercial use of the mark. 

Once you have filed your 5-year Statement of Use, you have also the right to file a Declaration of Incontestability. 

What Is a Declaration of Incontestability? 

The Declaration of Incontestability is a further statement that can be filed after 5 years of continuous use in interstate commerce (and the filing of the Statement of Use attesting to that). 

Only trademarks registered on the Principal Register and not the Supplemental Register are eligible. 

The statement is a declaration that the mark has been in use for the required 5-year period of time continuously—and is still in use—and that there is no judicial decision against the owner's right to keep the registration or any legal proceeding underway involving the trademark, either before the USPTO or in a court of law. 

What Are the Benefits of the Declaration of Incontestability? 

With the filing of the Declaration and the payment of the required fee ($200.00 as of this writing), the Declaration constitutes conclusive evidence of the validity of your trademark and your right to use the mark in interstate commerce. 

This means that, if you are sued for infringement, the Declaration provides a defense to allegations of infringement that will be difficult for the plaintiff to overcome. 

Detroit Michigan Trademark Attorney: The Bottom Line on the Declaration of Incontestability

The bottom line with regard to the Declaration of Incontestability and other post-registration maintenance issues is that it is crucial to retain a knowledgeable attorney to assist you with your application—and to keep assisting you thereafter.

A licensed attorney will provide you a measure of comfort in knowing that details such as these will be properly handled and will not upend your chances of a successful registration. 

The Hilla Law Firm is located in the Detroit area but represents clients nationally for trademark matters and offers free video consultations. 

If you are interested in discussing the filing of an initial trademark application or defending an office action already filed, please contact us to discuss your matter or click here to directly schedule your initial trademark consultation into our calendaring system

Trademark Registration Attorney: What Is a Letter of Protest?

Michigan Trademark Attorney: A Letter of Protest is a low-expense method of providing evidence that a trademark registration application that has been filed by a 3rd party may not be registrable to the USPTO. Contact The Hilla Law Firm PLLC at (734) 743-1489 to discuss your trademark issue. Virtual consultations.

Trademark Registration Fees Increasing January 2, 2021

Federal trademark registration fees will increase across the board on January 2, 2021. If you are considering applying for registration of your business or product name or logo, contact The Hilla Law Firm now to apply now! (734) 743-1489 - Affordable flat fees - Virtual consultations - Nationwide service

Who Must Sign a Trademark Registration Application?

A Federal trademark application contains a verified statement of facts requiring signature by individual or corporate officer with firsthand knowledge. In other areas, the owner's trademark attorney must sign as representative. The Hilla Law Firm (734) 743-1489

Can I Use An Abandoned Trademark?

Michigan Trademark Attorney - The fact that a Federal trademark registration has been abandoned or is listed as dead in the USPTO TESS database does not necessarily mean it is available for your use. Contact The Hilla Law Firm at (734) 743-1489 to discuss your trademark registration. Affordable flat fees, virtual consultations.

Detroit Trademark Attorneys: Can I Use a Celebrity Name In My Trademark?

Detroit Trademark Attorneys - You cannot use a celebrity's name or image in your proposed trademark without that celebrity's express authorization. The USPTO trademark application form requires it—and the celebrity owns his or her own "right of publicity." Contact The Hilla Law Firm at (734) 743-1489 to discuss your trademark application. Affordable flat fees and virtual consultations.

Trademark Attorney: What Is the Difference Between Trademark and Patent and Copyright Law?

The key difference between trademark, copyright, and patent law is in the subject-matter of the Federal protection involved. Federal Patent and Copyright Registration protects the design or work of the creator whereas a Trademark Registration protects consumers' right to know what they are buying and from whom. The Hilla Law Firm represents Trademark clients across the US. Call now to schedule a free, virtual Trademark Registration consultation: (734) 743-1489.
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