Declaration of Incontestability of a Mark under Section 15

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	Trademark Electronic Application System
	United States Patent and Trademark Office

To claim that a mark registered on the Principal Register is now incontestable, you must file a Section 15 declaration once the mark has been in continuous use in commerce for a period of five (5) years after the date of registration, or date of publication under § 12(c), and the mark is still in use in commerce. (Section 15 does NOT apply to marks on the Supplemental Register). You may file this declaration within one (1) year after the expiration of either any five-year period of continuous use following registration, or any five-year period of continuous use after publication under § 12(c).

NOTE: You must complete any field preceded by the symbol "*".

NOTE: This form has a session time limit of 60 minutes. If there is no activity within 60 minutes, the form will expire and you must begin again. A session begins once you click the Continue button, below. "Activity" means performing an actual function within the form (e.g., entering data or clicking on a data field), not merely moving "back" or "forward" from within your browser.

Each time a function is performed, a new 60-minute period begins. Therefore, this session time limit should only be a problem if you start the form and then totally stop work for more than 60 minutes, but will not be an issue if you happen to take longer than 60 minutes of steady work to complete the form.

* Enter a Registration Number:	*(required only if completing the form for the first time)*

Access previously-saved data using the "Browse/Choose File" button below to access the file from your local drive. NOTE: For specific instructions, please click here. FAILURE TO FOLLOW THESE INSTRUCTIONS WILL RESULT IN THE DISPLAY OF YOUR DATA IN AN XML FORMAT THAT CANNOT BE EDITED.

WARNING: You are filing a Section 15 affidavit of incontestability. If a Section 8 affidavit of use or a combined Section 8 affidavit of use/Section 9 renewal application is also due, it is not included here. If necessary, please see the Declaration of Use of a Mark under Section 8 or Combined declaration of use in commerce/application for renewal of registration of mark under Sections 8 & 9. If a Section 8 or combined Section 8 & 9 is due and is not timely filed, your registration will be cancelled. Please make sure you file all the required forms, and that the owner name identified on the form(s) is correct.

1. Is there one registrant but more than one signatory, or joint or multiple registrants?
Yes No If the answer is Yes, enter the number of signatories

2. Is an attorney filing this form?

NOTE [UPDATED 03/03/2007]: The USPTO considers powers of attorney to end upon either (1) the date of registration; or (2) the final acceptance or denial of a required post-registration filing. Therefore, if you answer YES to this question and file this form, the USPTO will presume that you are now the registrant's attorney. This filing will now automatically update the "Attorney of Record" and the "Correspondence Address" data fields in the USPTO's TARR database. After submission of this form, it is no longer necessary to file a separate Appointment of Attorney form or Change of Correspondence Address form.
Once the USPTO recognizes an attorney with respect to the submission of a required post-registration filing, such as an affidavit under Section 8, an application for renewal under Section 9, etc., the USPTO will recognize only that attorney for all submissions related to that filing, such as responses to Office actions, petitions, etc., unless and until the registrant revokes and appoints a new power of attorney.

Yes No

3. What signature approach do you want to use? Choose one from below.
Sign electronically directly on this application E-mail Text Form to second party for electronic signature Handwritten pen-and-ink signature

The information collected on this form allows the applicant to demonstrate that it has commenced use of the mark in commerce. With respect to applications filed on the basis of an intent to use the mark, responses to the request for information are required to obtain the benefit of a registration on the Principal or Supplemental register. 15 U.S.C. § 1065 and 37 CFR Part 2, 2.167 and 2.168. All information collected will be made public. Gathering and providing the information will require an estimated 6 minutes. Please direct comments on the time needed to complete this form, and/or suggestions for reducing this burden to the Chief Information Officer, U.S. Patent and Trademark Office, U.S. Department of Commerce, P.O. Box 1450, Alexandria, VA 22313-1450. Please note that the USPTO may not conduct or sponsor a collection of information using a form that does not display a valid OMB control number.

Fri Jul 25 01:08:21 EDT 2008