declaration of incontestability
declaration of incontestability. Trademarks. A sworn statement submitted by the owner of a registered mark after five years of registration, averring that the mark has been in continuous use in commerce for at least five consecutive years since registration, that the mark has not become generic, that there has been no final adverse decision to ownership in the mark, and that there is no pending proceeding in the U.S. Patent and Trademark Office or courts involving the mark. • The statement entitles the mark to immunity from some legal challenges under § 15 of the Lanham Act. — Also termed affidavit of incontestability; affidavit under § 15; declaration under § 15; Section 15 affidavit; Section 15 declaration. [Cases: Trade Regulation 251. C.J.S. Trade-Marks, Trade-Names, and Unfair Competition §§ 149, 199–201.]
