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 ?
Patrick Dahlet (23) notes that incontestability and the construction of "[.
This poem employs the dramatic monologue as its technique, and it is written in a boastful tone much like a relic of the days of Olotu and Ogba (soldiers) where praise singers conjure Ekanigbogbo to demonstrate their incontestability.
Embedding change as a part of the right itself, as I propose here, is neither antithetical to the concept of a right (as demonstrated by water law) nor alien to intellectual property rights (as demonstrated by the doctrine of incontestability in federal trademark law).
These benefits include: exclusive nationwide use of the mark, presumed validity of the mark, incontestability after five years of consecutive post-registration use, a complete defense to state law dilution claims, and treble damages for willful infringement.
Registration establishes a presumption as to the incontestability and distinctness of the mark and allows for remedies not otherwise available, such as attorney fees and costs.
In contrast, Cross (1991, 210-211; also Psychological nigrescence, 2001) lauded this admixed consciousness as "coming to accept [various] aspects of being an 'American', but most of all coming to grips with the incontestability of one's Americanness .
In Texas the requirement for an incontestability clause is mandated by statute.
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.
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.