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15 U.S.C. § 1141e — Extension of protection of an international registration to the United States under the Madrid Protocol
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Subject to the provisions of [section 1141h of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1141h&num=0&edition=prelim), the holder of an international registration shall be entitled to the benefits of extension of protection of that international registration to the United States to the extent necessary to give effect to any provision of the Madrid Protocol.
**(b) If the United States is office of origin** Where the United States Patent and Trademark Office is the office of origin for a trademark application or registration, any international registration based on such application or registration cannot be used to obtain the benefits of the Madrid Protocol in the United States.
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Stable record: federal_law:legal_authorities:record_usc_0cfb59561034e83e0ea6cc62
Source file: Laws/federal/codes/united-states-code/title-15/section-1141e-extension-of-protection-of-an-international-registration-to-the-united-s--a61ac892a9.md
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Passage SHA-256: c22273e5afda34a1d962472300ba71e058c16ef4e2cf781900ea41a8e5707657
Source location: Title 15, Chapter 22, § 1141e; chapter-022-trademarks.md
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**(a) In general** Subject to the provisions of [section 1141h of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1141h&num=0&edition=prelim), the holder of an international registration shall be entitled to the benefits of extension of protection of that international registration to the United States to the extent necessary to give effect to any provision of the Madrid Protocol.
**(b) If the United States is office of origin** Where the United States Patent and Trademark Office is the office of origin for a trademark application or registration, any international registration based on such application or registration cannot be used to obtain the benefits of the Madrid Protocol in the United States.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Examination and opposition**
(1) A request for extension of protection described in [section 1141f(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1141f/a&num=0&edition=prelim) shall be examined as an application for registration on the Principal Register under this chapter, and if on such examination it appears that the applicant is entitled to extension of protection under this subchapter, the Director shall cause the mark to be published in the Official Gazette of the United States Patent and Trademark Office.
(2) Subject to the provisions of subsection (c), a request for extension of protection under this subchapter shall be subject to opposition under [section 1063 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1063&num=0&edition=prelim).
(3) Extension of protection shall not be refused on the ground that the mark has not been used in commerce.
(4) Extension of protection shall be refused to any mark not registrable on the Principal Register.
**(b) Notification of refusal** If,11 So in original. The comma probably should not appear. a request for extension of protection is refused under subsection (a), the Director shall declare in a notification of refusal (as provided in subsection (c)) that the extension of protection cannot be granted, together with a statement of all grounds on which the refusal was based.
**(c) Notice to International Bureau**
(1) Within 18 months after the date on which the International Bureau transmits to the Patent and Trademark Office a notification of a request for extension of protection, the Director shall transmit to the International Bureau any of the following that applies to such request:
(A) A notification of refusal based on
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1141h
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Federal law — U.S. Code and appendices · legal_authorities
Page 1333
TITLE 15—COMMERCE AND TRADE
§ 1141g
(3) have a real and effective industrial or
commercial
establishment
in
the
United
States.
(July 5, 1946, ch. 540, title XII, § 61, as added Pub.
L. 107–273, div. C, title III, § 13402, Nov. 2, 2002, 116
Stat. 1915.)
§ 1141b. Certification of the international appli-
cation
(a) Certification procedure
Upon the filing of an application for inter-
national registration and payment of the pre-
scribed fees, the Director shall examine the
international application for the purpose of cer-
tifying that the information contained in the
international application corresponds to the in-
formation contained in the basic application or
basic registration at the time of the certifi-
cation.
(b) Transmittal
Upon examination and certification of the
international application, the Director shall
transmit the international application to the
International Bureau.
(July 5, 1946, ch. 540, title XII, § 62, as added Pub.
L. 107–273, div. C, title III, § 13402, Nov. 2, 2002, 116
Stat. 1915.)
§ 1141c. Restriction, abandonment, cancellation,
or expiration of a basic application or basic
registration
With respect to an international application
transmitted to the International Bureau under
section 1141b of this title, the Director shall no-
tify the International Bureau whenever the
basic application or basic registration which is
the basis for the international application has
been restricted, abandoned, or canceled, or has
expired, with respect to some or all of the goods
and services listed in the international registra-
tion—
(1) within 5 years after the international reg-
istration date; or
(2) more than 5 years after the international
registration date if the restriction, abandon-
ment, or cancellation of t
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