Joshua Alan Burt Ventura Personal Injury Lawyer
Posted almost 15 years ago.
The 5-year rule I refer to is the Section 15 filing that a trademark registrant can make after 5 years of continued use of the mark following registration. Upon filing of the SEction 15 Declaration of Incontestability, the mark is considered incontestable and cannot be challenged as being descriptive (and, therefore, invalid), among other things. It creates a heavier burden on the potential infringer/defendant.
Since this mark has not reached that milestone yet, you have more options in defending your use of your mark
Asker
Posted almost 15 years ago.
Thank you very much Mr. Burt for your input. It was very insightful.
May I ask what the significance of a "5-year old mark" is? If a certain trademark is less than 5-year old, does that imply something that is favorable to my situation?
I appreciate it.