After five years of registration, the owner of a registered trademark can make a Section 15 Declaration. This statement confirms that the trademark has been in continuous use in commerce for at least five consecutive years since registration, has not become generic, and has not been subject to any final adverse decision or pending proceedings in the U.S. Patent and Trademark Office or courts. Making this declaration entitles the trademark to immunity from some legal challenges under § 15 of the Lanham Act.
A Section 15 Declaration is a statement made by the owner of a registered trademark after five years of registration. This statement confirms that the trademark has been continuously used in commerce for at least five consecutive years since registration, has not become generic, and there are no ongoing legal proceedings involving the mark in the U.S. Patent and Trademark Office or courts. By submitting a Section 15 Declaration, the mark is granted immunity from certain legal challenges under § 15 of the Lanham Act. For instance, if a company has registered a trademark for their product and has used it for five years without facing any legal challenges, they can protect their trademark from future challenges by submitting a Section 15 Declaration.
A Section 15 Declaration is a legal document that declares a person’s rights under Section 15 of the Canadian Charter of Rights and Freedoms, which guarantees equality rights.
Any individual who believes their equality rights have been violated can make a Section 15 Declaration.
The purpose of a Section 15 Declaration is to challenge discriminatory laws, policies, or practices and seek remedies for the violation of equality rights.
To make a Section 15 Declaration, you would need to consult with a lawyer who specializes in human rights and constitutional law to help you draft and file the declaration.
Cases involving discrimination based on race, gender, sexual orientation, disability, or other grounds protected under the Charter may warrant a Section 15 Declaration.
Remedies sought through a Section 15 Declaration may include changes to discriminatory laws or policies, compensation for damages, and other forms of relief to address the violation of equality rights.
A Section 15 Declaration is a legal challenge based on the Charter of Rights and Freedoms, while a human rights complaint is filed with a human rights tribunal or commission based on provincial or federal human rights legislation.
The timeline for resolving a Section 15 Declaration can vary depending on the complexity of the case and the legal process involved.
While it is possible to file a Section 15 Declaration on your own, it is highly recommended to seek legal representation to ensure your case is properly prepared and presented.
A successful Section 15 Declaration can result in changes to discriminatory laws or policies, compensation for damages, and the recognition and protection of equality rights for the individual and others in similar situations.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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