Assuming the requirements for incontestability are met, I understand that incontestability may be filed concurrently with the Section 8 Dec.of Use.
Let's say client doesn't wish to file for incontestability at that time (i.e., between 5/6 years). It sounds like incontestability may be filed after ANY consecutive 5 year period of continuous use after Registration (provided the appropriate Section 8's and/or Section 9's are on file).
So, does that mean that if the client doesn't desire to file for incontestability between 6/7, that they can file between 7/8 provided the appropriate use between years 2-7? Or, file between 8/9 with appropriate use between years 3-8?
And when filing the Section 15, do you simply ask the client the question if it's been in continuous use for that 5 year period, or ask for proof to place into the file to support the use (i.e., receipts showing Commerce regulatable by Congress)? IF you ask for proof, do you ask for a receipt each year, or just one for that five year period (i.e., how many receipts and at what interval constitutes "continuous" use)?