Registration is only the first step in fully securing your trademark. It is possible to add another level of protection to your trademark by obtaining incontestable status. Your trademark is eligible for this status if you have used your trademark continuously for five years after registration. To obtain this you must file a section 15 affidavit of incontestability. Why would a trademark owner want this? Incontestability provides the exclusive right for you to use your trademark and if questions arise it can be used to show that your trademark’s registration is conclusive evidence of your ownership. The affidavit will also shield your trademark from being contested as descriptive. Incontestable status can also help when it comes to fighting those attempting to infringe on your rights. Incontestable status will not help if you engaged in fraud to obtain your mark or the status. In addition, it is important to maintain proper maintenance of your mark even if it is incontestable as it can still be abandoned.
This blog is not legal advice and is not specific to your application. You should always consult an attorney.