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A §15 Declaration is an optional sworn statement claiming “incontestable” rights in the mark for the goods/services specified, filed by the owner of a mark registered on the Principal Register.

An “incontestable” registration is conclusive evidence of:

  • the registered mark’s validity;
  • the mark’s registration;
  • ownership of the mark; and
  • the owner’s exclusive right to use the mark with the goods/services.

A §15 Affidavit can only be filed after the mark has been in continuous use in commerce for at least 5 consecutive years after the registration date. Supplemental Register marks are not eligible for claims of incontestable rights under §15.

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