IPWatchdog

Incontestable Status: What it is and why trademark owners want it

Any time you claim rights in a trademark, you may use the “TM” (trademark) or “SM” (service mark) designation to alert the public to your claim, regardless of whether you have filed an application ...
JD Supra

Federal Circuit’s Determination on Whether Fraudulent Conduct in Obtaining Incontestable Status Warrants the Mark’s Cancellation

Great Concepts applied for and received trademark registration for DANTANNA’S, Registration No. 2929764 (the “’764 Mark”), for a restaurant. In 2006, Chutter, Inc.’s (“Chutter”) ...
JD Supra

What Does The “In” in “Incontestable” Mean?

After the fifth year of issuance of a U.S. trademark registration, the registration is eligible for “incontestable” status if the owner files a declaration with the U.S. Trademark Office confirming ...
Law

Two-Year Incontestable Period on Lapsed Policy Begins to Run Anew After Its Reinstatement, Fifth Circuit Rules

The U.S. Court of Appeals for the Fifth Circuit has ruled that, under Texas law, the two-year incontestable period on a life insurance policy that has lapsed begins to run anew after it has been ...