In a recent development, a legal tussle between two product manufacturers has brought the importance of Section 15 Declaration of Incontestability back into focus. The maker of BLUE GOO pain relief products last fall, filed a trademark infringement lawsuit against a competitor’s GREEN GOO pain relief salve. However, the lawsuit was not able to make much headway and was quickly dismissed by the court. Interestingly, this dismissal occurred largely because the owner of the GREEN GOO mark possessed what legal professionals often referred to as a “bulletproof vest” in trademark law.
Given this context, understanding the role of Section 15 Declaration of Incontestability becomes crucial. This provision under the US trademark law plays a pivotal position in protecting a party’s trademark against various legal challenges. By applying for and successfully obtaining a Section 15 Declaration of Incontestability, a trademark owner can considerably strengthen their legal position and fend off potential infringement claims more effectively.
Basically, the Section 15 Declaration of Incontestability provides that, after running for five consecutive years subsequent to the date of registration, a mark becomes ‘incontestable.’ When a trademark attains the incontestable status, it acquires a kind of immunity against legal attacks based on descriptiveness or primary meaning. This essentially means that the owner of the incontestable trademark has an absolute right to use the mark that cannot be challenged on these grounds.
However, while it’s clear that possessing an incontestable mark offers significant legal advantages, many brand owners often overlook the importance of filing a Section 15 Declaration of Incontestability for their registered marks. This oversight could possibly stem from a lack of understanding of the far-reaching implications that an incontestable mark can carry in the legal sphere.
Considering these factors, it is advised that brand owners recognize the potential value of acquiring incontestable status for their registered trademarks. The GREEN GOO case is a compelling reminder of how important a robust defensive approach can be when it comes to trademarks. For more details about this litigation, read the full report here.
Undeniably, a Section 15 Declaration of Incontestability could serve as a powerful tool for brand owners in strengthening their trademarks. Not only does it provide a kind of “legal bulletproof vest” against certain lawsuits, but it could also fortify the overall brand in the long-term. To maximize the benefits of owning an incontestable mark, all brand owners should consider seeking professional legal guidance to navigate the nuanced complexities of the trademark registration process.