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15 U.S.C. § 1141m — Incontestability

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1141m — Incontestability

The period of continuous use prescribed under [section 1065 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1065&num=0&edition=prelim) for a mark covered by an extension of protection issued under this subchapter may begin no earlier than the date on which the Director issues the certificate of the extension of protection under [section 1141i of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1141i&num=0&edition=prelim), except as provided in [section 1141n of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1141n&num=0&edition=prelim).

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Stable record: federal_law:legal_authorities:record_usc_6d9ca170582939eb6ec637cb
Source file: Laws/federal/codes/united-states-code/title-15/section-1141m-incontestability--58eb1098a8.md
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Source location: Title 15, Chapter 22, § 1141m; chapter-022-trademarks.md

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1141n — Rights of extension of protection

When a United States registration and a subsequently issued certificate of extension of protection to the United States are owned by the same person, identify the same mark, and list the same goods or services, the extension of protection shall have the same rights that accrued to the registration prior to issuance of the certificate of extension of protection.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1065 — Incontestability of right to use mark under certain conditions

Except on a ground for which application to cancel may be filed at any time under paragraphs (3), (5), and (6) of [section 1064 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1064&num=0&edition=prelim), and except to the extent, if any, to which the use of a mark registered on the principal register infringes a valid right acquired under the law of any State or Territory by use of a mark or trade name continuing from a date prior to the date of registration under this chapter of such registered mark, the right of the owner to use such registered mark in commerce for the goods or services on or in connection with which such registered mark has been in continuous use for five consecutive years subsequent to the date of such registration and is still in use in commerce, shall be incontestable: Provided, That— (1) there has been no final decision adverse to the owner’s claim of ownership of such mark for such goods or services, or to the owner’s right to register the same or to keep the same on the register; and (2) there is no proceeding involving said rights pending in the United States Patent and Trademark Office or in a court and not finally disposed of; and (3) an affidavit is filed with the Director within one year after the expiration of any such five-year period setting forth those goods or services stated in the registration on or in connection with which such mark has been in continuous use for such five consecutive years and is still in use in commerce, and other matters specified in paragraphs (1) and (2) hereof; and (4) no incontestable right shall be acquired in a mark which is the generic name for the goods or services or a portion thereof, for which it is registered. Subject to the conditions above specified in

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1141i — Effect of extension of protection

**(a) Issuance of extension of protection** Unless a request for extension of protection is refused under [section 1141h of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1141h&num=0&edition=prelim), the Director shall issue a certificate of extension of protection pursuant to the request and shall cause notice of such certificate of extension of protection to be published in the Official Gazette of the United States Patent and Trademark Office. **(b) Effect of extension of protection** From the date on which a certificate of extension of protection is issued under subsection (a)— (1) such extension of protection shall have the same effect and validity as a registration on the Principal Register; and (2) the holder of the international registration shall have the same rights and remedies as the owner of a registration on the Principal Register.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1141m — Incontestability

Page 1336 TITLE 15—COMMERCE AND TRADE § 1141l States, the holder may designate, by a docu- ment filed in the United States Patent and Trademark Office, the name and address of a person resident in the United States on whom may be served notices or process in proceedings affecting the mark. Such notices or process may be served upon the person so designated by leav- ing with that person or mailing to that person a copy thereof at the address specified in the last designation so filed. If the person so designated cannot be found at the last designated address, or if the holder does not designate by a docu- ment filed in the United States Patent and Trademark Office the name and address of a per- son resident in the United States on whom may be served notices or process in proceedings af- fecting the mark, such notices or process may be served on the Director. (July 5, 1946, ch. 540, title XII, § 71, as added Pub. L. 107–273, div. C, title III, § 13402, Nov. 2, 2002, 116 Stat. 1919; amended Pub. L. 111–146, § 3(d)(2), Mar. 17, 2010, 124 Stat. 68.) Editorial Notes AMENDMENTS 2010—Pub. L. 111–146 amended section generally. Prior to amendment, section related to required affidavits and fees, contents of affidavit, notification of Direc- tor’s acceptance or refusal, and service of notice or process. § 1141l. Assignment of an extension of protection An extension of protection may be assigned, together with the goodwill associated with the mark, only to a person who is a national of, is domiciled in, or has a bona fide and effective in- dustrial or commercial establishment either in a country that is a Contracting Party or in a country that is a member of an intergovern- mental organization that is a Contracting Party. (July 5, 1946, ch. 540, title

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