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Should you get an incontestable trademark?

Today marks the fifth anniversary of your company’s trademark registration, and you are probably wondering if you want to do the renewal with the incontestable trademark option or as a regular renewal. Many Aliso Viejo area entrepreneurs and business owners do not realize how far the competition might go to benefit from the hard work of others.


One way individuals protect themselves against the violation of trademark registration rights is to consider making their trademark incontestable. The incontestability credential is not for everyone. To better understand how you might benefit from having an incontestable trademark, consider the following factors:


It can be a powerful tool

Most business owners know that claims against their trademark ownership and business rights will arise. After five years of successful use of that trademark, they decide to renew the trademark registration. This time, unlike previous registrations, they have the option to make their trademark registrations’ incontestable.


At this point in their experience, they know how expensive, time-consuming and stressful it can be for them to prove they are the rightful trademark owners of the goods and services. They also know this opportunity is only available because their trademark registrations meet incontestability requirements that include the continued use of the trademark for at least the last five years and in current use.


It can enhance credentials and reputation

You never know when you are going to be plagued with issues because someone else is infringing on your trademark rights. Instead of having to divert valuable company resources toward litigation and defending your registration rights, you can use those resources toward other areas and continue your operations for the most part as planned. An incontestability seal gives your claim an automatic certification-like status, giving it higher credibility in court.


Trademark registrations and incontestability matters are not easy for nonexperts to understand. Their lack of knowledge can lead to complications, delays and legal issues in achieving their goals and trademark ownership rights. Legal counsel can help to resolve trademark infringement, ownership and other concerns.


On behalf of Crockett & Crockett on Thursday, May 31, 2018.


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