incontestability


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in·con·test·a·ble

 (ĭn′kən-tĕs′tə-bəl)
adj.
Impossible to contest; unquestionable: incontestable proof of the defendant's guilt.

in′con·test′a·bil′i·ty n.
in′con·test′a·bly adv.
References in periodicals archive ?
This upper bound was corroborated by adamant theorization that "coming to accept [various] aspects of being an 'American', but most of all [internalization of African identity] is coming to grips with the incontestability of one's Americanness .
But that incontestability, that unmournability, just as much as the massacre in Paris, is the clear and present danger to our collective liberte.
This textbook on trademark law and policy in the US contains discussion and cases related to why trademarks should be protected and the theoretical justifications that support protection, then specific areas of the law: subject matter, infringement, requirements of a trademark, obtaining and retaining trademark rights, registration, incontestability, loss of rights, international and comparative issues, and remedies.
Article--fraud, genericism, and functionality--are exceptions to incontestability, the [section] 33(b) conclusive presumption is not addressed further in this Article.
First, while scholars have argued in favor of curtailing the incontestability of descriptive marks or denying protection to them altogether, the productive use analysis suggests that the process of acquiring secondary meaning is valuable both because it incentivizes productive use and because the process has a natural notice-providing function.
SubscriberWise, the nation's leading provider of analytics-driven subscriber risk management announced today that it has obtained official notice of acceptance and acknowledgment of Declaration of Use and Incontestability from the United States Patent and Trademark Office under Sections 8 and 15 of the Trademark Act (15 U.
In September 2011, Phoenix won a similar case when the Delaware Supreme Court ruled that insurers can challenge the legitimacy of a policy that had changed hands at any point, even after the two-year incontestability period.
registration has the benefit of incontestability after five years of registration.
At a minimum, the 2009 amendment fails to address the following: (1) the "real" holder of an insurable interest remains confusing, (2) the time when an insurable interest must exist, (3) the period in which the insured owes the duty of disclosure to the insurer, (4) potential obstacles in implementing the incontestability provision, (5) possible unfairness associated with the rule regarding the construction and governance of contractual terms, and (6) the moral hazard issue embedded in rules relating to double insurance.
Explain probate, incontestability, control, creditor protection, and Medicaid versatility.
insurance contracts include incontestability clauses: provisions that