top of page

Strengthen Your Trademark Protection with a Section 8 and 15 Declaration

Congratulations on reaching the five-year mark with your brand! As you embark on your first set of maintenance filings with the USPTO, it's crucial to understand the significance of a Section 15 filing in enhancing your trademark protection. At Hairell Law Office, we specialize in trademark services and can guide you through the process to fortify your brand's legal position.

What is a Section 15?

A Section 15 filing is a Declaration of Incontestability for your trademark. To qualify, your mark must already be registered on the Principal Register. The declaration states three critical facts, and it's crucial to provide accurate information to the federal government:

  1. Continuous Use: Your trademark must have been continuously used in commerce for at least five years after the registration date (or publication date under 15 U.S.C. §1062(c)). This use must align with the goods or services listed in the registration and remain active in commerce.

  2. No Adverse Legal Decision: There should be no final legal decision that challenges your ownership claim of the trademark, your right to register the trademark, or your ability to maintain the registration.

  3. No Pending Legal Proceedings: There should be no ongoing legal proceedings involving your trademark in the USPTO or a court of law.

Benefits of Section 15 Filing:

  • Presumption of Validity and Ownership:

By filing a Section 15 declaration, you establish a presumption of validity and ownership. This means that the burden of proof shifts to any challengers in legal proceedings, providing you with a significant legal advantage.

  • Protection against Defenses:

A Section 15 filing helps shield your mark from common defenses such as claims of descriptiveness or genericness. By reinforcing your position in infringement cases, you can better protect the uniqueness and distinctiveness of your trademark.

  • Enhancing Trademark Value:

A Section 15 filing elevates the value of your brand. By highlighting the distinctiveness and recognition of your mark, you can attract potential investors, partners, and licensees who recognize the strength and exclusivity associated with an incontestable mark.

  • Deterrence for Potential Infringers:

Sending a clear message to potential infringers is crucial to safeguarding your trademark rights. A Section 15 declaration showcases the strength and enforceability of your mark, acting as a deterrent for others attempting to infringe upon your valuable intellectual property.

Consult Hairell Law Office Today:

At Hairell Law Office, we are dedicated to strategically filing Section 15 declarations to fortify your trademark protection. Our personalized attention, meticulous guidance, and proactive defense strategies ensure that your brand receives the utmost legal support against potential infringements. Contact our office today to schedule a consultation and take proactive steps toward securing the long-term success of your business. Trust in Hairell Law Office to protect your valuable trademarks with our specialized trademark services.


bottom of page