The requirements for incontestability are straightforward. To qualify for incontestable status, a trademark owner must demonstrate all of the following:

1. The trademark must be used in interstate commerce: For a trademark to be registered, it must be used in interstate commerce. This means that the trademark must be used in connection with the sale of goods or services that cross state lines.

2. The trademark must be distinctive: For a trademark to be registered, it must be distinctive. This means that the trademark must be capable of distinguishing the goods or services of one company from those of another company.

3. The trademark must be registered with the USPTO: Only trademarks registered on the USPTO’s Principal Register are eligible for incontestable status.

4. The trademark must have been in continuous use for five years: For a trademark to be incontestable, it must have been in continuous use for five years. This means that the owner of the trademark must have been using the mark continuously during that time period.

5. There must be no evidence that the trademark is generic or has been abandoned: For a trademark to be incontestable, there must be no evidence that the mark is generic or has been abandoned. A mark is generic if it refers to a class of goods or services. A mark is abandoned if its use has been discontinued with no intention of resuming such use in the future.

6. There must be no challenges to the validity of the registration: For a mark to be incontestable, there can be no adverse decisions or pending proceedings challenging the validity of the registration in a court or other judicial body.

7. The trademark owner must file a Section 15 Declaration of Incontestability with the USPTO: Incontestability is not automatic.