incontestability status. Trademarks. A classification of a trademark that meets certain criteria — including commercial use for five years after being placed on the Principal Register — as immune from legal challenge. • Although incontestability does not confer absolute immunity, it makes a challenge much more difficult. 37 USCA § 1065. Cf. DECLARATION OF USE. […]
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cancellation, n. 1. The act of defacing or obliterating a writing (as by marking lines across it) with the intention of rendering it void. 2. An annulment or termination of a promise or an obligation. [Cases: Cancellation of Instru-ments 1; Contracts 249. C.J.S. Cancellation of Instruments; Rescission §§ 2–7; Contracts §§ 422, 424, 427–428, 456,
declaration of use. Trademarks. A sworn statement submitted by a registered mark’s owner averring that the registered mark is currently in use in commerce, and providing a specimen or facsimile of the mark’s use. • The § 8 affidavit must be filed (1) the fifth or sixth year following registration, and (2) the year before
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