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What is a Section 15 affidavit?

A Section 15 affidavit (also known as an incontestability affidavit) relates to trademarks that have been federally registered pursuant to the Lanham Act. Specifically, it is a sworn statement which the trademark owner can file after five years of continuous use of the mark. While a Section 15 affidavit does not have to be filed, it is advantageous to do so because it will allow the Patent and Trademark Office to deem the registered trademark incontestable, which strengthens the mark and its owner’s ability to protect it.

This affidavit is known as a Section 15 Renewal Application because the section of the Lanham Act which requires details the application is section 1065 (specifically, 15 U.S.C. 1065), which is commonly referred to as Section 15 of the Lanham Act.