What is an incontestable trademark?
Incontestable trademarks are trademarks that under normal circumstances are immune from being challenged. To be declared incontestable, a trademark must not have been acquired fraudulently, and must have been in consistent use for five consecutive years.
Can trademarks become incontestable?
After five years of consecutive use from the date of federal registration, a trademark may be declared incontestable. An incontestable mark is immune from challenge except if it has become the generic term for the goods or abandoned for nonuse, or if the registration was acquired under fraudulent conditions.
What is an incontestable?
adjective. incapable of being contested; not open to dispute; incontrovertible: incontestable proof.
How do I cancel an incontestable trademark?
However, there are still three main ways in which incontestable trademarks can be cancelled: genericness, abandonment, and misrepresentation. It should also be noted that there are other ways to “attack” an incontestable mark outside of a Cancellation Proceeding.
What is meant by trademark?
The term trademark refers to a recognizable insignia, phrase, word, or symbol that denotes a specific product and legally differentiates it from all other products of its kind. A trademark exclusively identifies a product as belonging to a specific company and recognizes the company’s ownership of the brand.
What defines a trademark?
A trademark can be any word, phrase, symbol, design, or a combination of these things that identifies your goods or services. It’s how customers recognize you in the marketplace and distinguish you from your competitors. The word “trademark” can refer to both trademarks and service marks.
What is the purpose of incontestable clause?
Perhaps the best-known is the incontestable clause, which provides that if a policy has been in force for two years the insurer may not afterward refuse to pay the proceeds or cancel the contract for any reason except nonpayment of premiums.
What is an incontestable policy?
An incontestability clause is a provision in a life or disability insurance policy that prevents the insurance company from canceling the policy based on misstatements in the policy application after the insurance has been in effect for a certain period of time, usually two years.
What is trademark class 11?
Trademark Class 11 pertains to apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes.