What is a consequence of obtaining trademark incontestability?

Obtaining trademark incontestability provides important legal advantages for a registered trademark owner. Specifically, it protects the trademark from certain legal challenges. Once a trademark has achieved incontestable status, it means that its owner has proven that they have continuously used the trademark in commerce for five years and that it has become a valuable asset in the marketplace.

This status significantly limits the grounds on which the trademark can be challenged. For example, it cannot be questioned on the basis of its descriptiveness or lack of distinctiveness after the incontestability period has been established. This heightened level of protection allows the trademark holder to maintain their rights against various claims, providing them with greater security and reducing the risk of litigation from competitors or other entities.

In contrast, challenges based on other factors, such as non-use or abandonment, may still apply. Thus, while the trademark is not absolutely immune to all legal scrutiny, incontestability does enhance its defensibility against many common types of disputes that can arise in trademark law.