US Code

Public Law 119-73 (01/23/2026)

15 U.S.C. § 1065

Incontestability of right to use mark under certain conditions

section 1064 of this titleProvidedExcept on a ground for which application to cancel may be filed at any time under paragraphs (3), (5), and (6) of , 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 chapter 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: , That—
(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 other matters specified in paragraphs (1) and (2) hereof; 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.
section 1062 of this titleSubject to the conditions above specified in this section, the incontestable right with reference to a mark registered under this chapter shall apply to a mark registered under the Act of , or the Act of , 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 .
The Director shall notify any registrant who files the above-prescribed affidavit of the filing thereof.

July 5, 1946, ch. 54060 Stat. 433Pub. L. 87–772, § 1076 Stat. 771Pub. L. 93–596, § 188 Stat. 1949Pub. L. 97–247, § 1096 Stat. 320Pub. L. 100–667, title I, § 116102 Stat. 3941Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(b)(1)(B)]113 Stat. 1536Pub. L. 111–146, § 3(b)124 Stat. 67Pub. L. 116–260, div. Q, title II, § 225(e)(1)134 Stat. 2207(, title I, § 15, ; , , ; , , ; , , ; , , ; , , , 1501A–583; , , ; , , .)

Editorial Notes

References in Text

Mar. 3, 1881, ch. 13821 Stat. 502Feb. 20, 1905, ch. 59233 Stat. 724act July 5, 1946, ch. 540, § 46(a)60 Stat. 444Acts and , referred to in text, are acts , and , , which were repealed insofar as inconsistent with this chapter by , . Act , was classified to sections 81 to 109 of this title.

Amendments

Pub. L. 116–2602020— substituted “paragraphs (3), (5), and (6)” for “paragraphs (3) and (5)” in introductory provisions.

Pub. L. 111–146, § 3(b)(1)2010—, substituted “right of the owner” for “right of the registrant” in introductory provisions.

Pub. L. 111–146, § 3(b)(2)Par. (1). , amended par. (1) generally. Prior to amendment, par. (1) read as follows: “there has been no final decision adverse to registrant’s claim of ownership of such mark for such goods or services, or to registrant’s right to register the same or to keep the same on the register; and”.

Pub. L. 111–146, § 3(b)(3)Par. (2). , inserted “United States” before “Patent and Trademark Office”.

Pub. L. 106–1131999— substituted “Director” for “Commissioner” in par. (3) and in two places in concluding provisions.

Pub. L. 100–6671988—, in introductory provisions, substituted “paragraphs (3) and (5)” for “subsections (c) and (e)”, in par. (3) “paragraphs” for “subsections”, and in par. (4) “the generic name for the goods or services or a portion thereof, for which it is registered” for “the common descriptive name of any article or substance, patented or otherwise”.

Pub. L. 97–2471982— substituted “registration” for “the publication” in provision preceding par. (1).

Pub. L. 93–5961975—Par. (2). substituted “Patent and Trademark Office” for “Patent Office”.

Pub. L. 87–7721962— substituted “(c) and (e) of section 1064” for “(c) and (d) of section 1064” in provision preceding par. (1), and struck out “or trade name” after “in a mark” in par. (4).

Statutory Notes and Related Subsidiaries

Effective Date of 2020 Amendment

Pub. L. 116–260section 225(g) of div. Q of Pub. L. 116–260section 1064 of this titleAmendment by effective upon the expiration of the 1-year period beginning on , and applicable to any mark registered before, on, or after that effective date, see , set out as a note under .

Effective Date of 1999 Amendment

Pub. L. 106–113Pub. L. 106–113section 1 of Title 35Amendment by effective 4 months after , see section 1000(a)(9) [title IV, § 4731] of , set out as a note under , Patents.

Effective Date of 1988 Amendment

Pub. L. 100–667section 136 of Pub. L. 100–667section 1051 of this titleAmendment by effective one year after , see , set out as a note under .

Effective Date of 1982 Amendment

Pub. L. 97–247section 17(c) of Pub. L. 97–247section 294 of Title 35Amendment by effective six months after , see , set out as a note under , Patents.

Effective Date of 1975 Amendment

Pub. L. 93–596section 4 of Pub. L. 93–596section 1111 of this titleAmendment by effective , see , set out as a note under .

Repeal and Effect on Existing Rights

section 1051 of this titleRepeal of inconsistent provisions, effect of this chapter on pending proceedings and existing registrations and rights under prior acts, see notes set out under .

Executive Documents

Transfer of Functions

64 Stat. 1263For transfer of functions of other officers, employees, and agencies of Department of Commerce, with certain exceptions, to Secretary of Commerce, with power to delegate, see Reorg. Plan No. 5 of 1950, §§ 1, 2, eff. , 15 F.R. 3174, , set out in the Appendix to Title 5, Government Organization and Employees.