If a trademark owner does not file an affidavit of incontestability for its mark after five years of use, the registration for the mark will be cancelled.

Question

Quizplus · Accepted Answer

Filing an affidavit of incontestability is optional and failure to file does not result in automatic cancellation of the registration. However, there are other requirements for maintaining a trademark registration, such as timely filing of renewal applications and proper use of the mark in commerce, and failure to meet those requirements can lead to cancellation of the registration.

If a Trademark Owner Does Not File an Affidavit of Incontestability