Sec. 15. Except on a ground for which application to cancel may be filed at any time under paragraphs (3) and (5)5 of section 14 of this Act, 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 Act 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—

462 words·~2 min read·/statute-compilations/comps-1624/sec-15

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## Sec. 15 Except on a ground for which application to cancel may be filed at any time under paragraphs

(3)and (5)5 of section 14 of this Act, 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 Act 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— 5Section 225(e)(1) of division Q of Public Law 116-260 amends section 15 by striking “paragraphs

(3)and (5)”and inserting “paragraphs (3), (5), and (6)”. Such amendment is subject to a delayed effective date and will take effect on 12/27/2021. For delayed effective amendment see section 225(g) of division Q of such act. ####

(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 the other matters specified in paragraphs

(1)and

(2)of this section; 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 this section, the incontestable right with reference to a mark registered under this Act shall apply to a mark registered under the Act of March 3, 1881, or the Act of February 20, 1905, upon the filing of the required affidavit with the Director within one year after the expiration of any period of five consecutive years after the date of publication of a mark under the provisions of subsection

(c)of section 12 of this Act. The Director shall notify any registrant who files the above-prescribed affidavit of the filing thereof. **[**[15 U.S.C. 1065](/us/usc/t15/s1065)**]**

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public-private-law

Consolidated Appropriations Act, 2021
Public Law 116-260

U.S. Code

Incontestability of right to use mark under certain conditions
§ 1065

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Sec. 15

Except on a ground for which application to cancel may be filed at any time under paragraphs (3) and (5)5 of section 14 of this Act, 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 Act 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—

Pub. L.Public Law 116-260

U.S.C.§ 1065

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