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[DGG]

What extra rights does incontestability under Section 15 give to a registrant?  Does it really make a difference?

[JSonnabend]

In a nutshell, incontestability prevents infringers from asserting a mark is not owned by the registrant, that a prior use by the infringer invalidates the registrant's rights (except for limited geographic use, in some instances) and that the mark is invalid as being merely descriptive.  Genericness/functionality defenses are still available, as are certain other defenses.  

A registrant must still prove infringement (incontestability only goes to mark "validity" as discussed).

There is not reason for a registrant not to seek incontestability.  Why are you thinking about not filing the affidavit?

- Jeff

[DGG]

Thanks Jeff:

I guess I was having a hard time believing that by filing the affidavit, it would trump a senior user’s rights in an unregistered mark.  Descriptiveness was never a question in my mind because of the nature of the particular mark.

DGG