FREQUENTLY ASKED QUESTIONS What Are Incontestable Trademarks?

Upon the successful registration of your trademark, the opposition period will begin.

During this time, anyone claiming a prior right can say, “Please don’t register this trademark because I think I have a prior right.”

You will also receive a trademark registration certificate. Your trademark certificate is proof of brand ownership and bolsters your position in court when fighting against infringement.


After the Opposition Period

What happens if, after missing the opposition period, another party believing they have a prior right realizes the trademark is in force?


They could go to court and petition the judge to find your trademark registration is invalid and belongs to them. However, in support of predictability in the business world, the time available for this type of trademark challenge, canceling an existing registration, is finite.

In most countries recognizing such a right, the timeframe is usually five years. Following five years of ongoing trademark registration, even if there is a valid claim to prior rights, that trademark is beyond the reach of any such claims.

The Exception

The sole exception to this five-year rule is when the party claiming prior rights can prove that the registered owner was aware of them and yet pursued trademark registration. This assertion is exceedingly difficult to prove.

When you openly steel their brand, and they take no action, it’s one thing to prove they hold the first position and much more difficult to verify that the other side is aware of their existence and pursued registration in bad faith.


Registering your trademark protects your brand from others selling their goods and services under your name. After the initial opposition period, the following five years allow parties claiming a prior right to file in court to take your trademark.

After five years, you will own an uncontestable trademark, meaning you are no longer vulnerable to challenges of prior rights. No one may go to court and question your absolute ownership of the brand.

Trademarks are all about celebrating and celebrating your brand, milestones, products, services, and ultimate success. So, when that five-year mark arrives, you can celebrate your rock-solid uncontestable trademark.

Another uncontestable reality is the Trademark Factory® all-inclusive 100% cash-back guarantee of trademark registration. That’s it, you pay a flat rate, and we file, monitor, and do all the necessary work to guide your trademark application to its final approval.

Take advantage of a highly skilled team of professional trademark attorneys and their specialized staff. Let them do the work as you build your brand and grow your business. It doesn’t get much better than this. You can control costs and save significant time while acquiring critical trademark protection.

Contact us today to learn more.


Disclaimer: Please note that this post and this video are not and are not intended as legal advice. Your situation may be different from the facts assumed in this post or video. Your reading this post or watching this video does not create a lawyer-client relationship between you and Trademark Factory International Inc., and you should not rely on this post or this video as the only source of information to make important decisions about your intellectual property.