TMEP 1603.02: Cancellation and Incontestability

This is the October 2015 Edition of the TMEP

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1603.02    Cancellation and Incontestability

If the benefits of the Act of 1946 are claimed, registrants under the Acts of 1905 and 1881 may subsequently file affidavits or declarations under §15 of the Act of 1946, 15 U.S.C. §1064, whereby the marks shall be incontestable. See TMEP §§1605 et seq.

Once the registrant claims the benefits of the Act of 1946, registrations under the 1905 and 1881 Acts are subject to cancellation under §14 of the Act of 1946, 15 U.S.C. §1064. See TMEP §1607.