“‘Incontestable’ Trademarks: Finding Chinks in the Armor,” Jason R. Strobel, Esq.

It is well-known that federally registered trademarks may be classified as “incontestable” under 15 U.S.C. §1065 if an owner has been sufficiently using the mark after registration. Yet the reality is that “incontestable” marks may be successfully challenged in certain circumstances, such as when the mark is functional or is obtained fraudulently, as most recently discussed in Specialized Seating, Inc. v. Greenwich Industries, L.P., Nos. 07-1435 & 10-2670 (7th Cir. Aug. 11, 2010).