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15 U.S.C. § 1141 — Definitions

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1141 — Definitions

In this subchapter: (1) **Basic application** — The term “basic application” means the application for the registration of a mark that has been filed with an Office of a Contracting Party and that constitutes the basis for an application for the international registration of that mark. (2) **Basic registration** — The term “basic registration” means the registration of a mark that has been granted by an Office of a Contracting Party and that constitutes the basis for an application for the international registration of that mark. (3) **Contracting Party** — The term “Contracting Party” means any country or inter-governmental organization that is a party to the Madrid Protocol. (4) **Date of recordal** — The term “date of recordal” means the date on which a request for extension of protection, filed after an international registration is granted, is recorded on the International Register. (5) **Declaration of bona fide intention to use the mark in commerce** — The term “declaration of bona fide intention to use the mark in commerce” means a declaration that is signed by the applicant for, or holder of, an international registration who is seeking extension of protection of a mark to the United States and that contains a statement that— (A) the applicant or holder has a bona fide intention to use the mark in commerce; (B) the person making the declaration believes himself or herself, or the firm, corporation, or association in whose behalf he or she makes the declaration, to be entitled to use the mark in commerce; and (C) no other person, firm, corporation, or association, to the best of his or her knowledge and belief, has the right to use such mark in commerce either in the identical form of the mark or in such near resemblance to the mark as to be likely

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Stable record: federal_law:legal_authorities:record_usc_2a2636f46d76bbb60c5acd87
Source file: Laws/federal/codes/united-states-code/title-15/section-1141-definitions--ceb3f09937.md
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Source location: Title 15, Chapter 22, § 1141; chapter-022-trademarks.md

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In this subchapter: (1) **Basic application** — The term “basic application” means the application for the registration of a mark that has been filed with an Office of a Contracting Party and that constitutes the basis for an application for the international registration of that mark. (2) **Basic registration** — The term “basic registration” means the registration of a mark that has been granted by an Office of a Contracting Party and that constitutes the basis for an application for the international registration of that mark. (3) **Contracting Party** — The term “Contracting Party” means any country or inter-governmental organization that is a party to the Madrid Protocol. (4) **Date of recordal** — The term “date of recordal” means the date on which a request for extension of protection, filed after an international registration is granted, is recorded on the International Register. (5) **Declaration of bona fide intention to use the mark in commerce** — The term “declaration of bona fide intention to use the mark in commerce” means a declaration that is signed by the applicant for, or holder of, an international registration who is seeking extension of protection of a mark to the United States and that contains a statement that— (A) the applicant or holder has a bona fide intention to use the mark in commerce; (B) the person making the declaration believes himself or herself, or the firm, corporation, or association in whose behalf he or she makes the declaration, to be entitled to use the mark in commerce; and (C) no other person, firm, corporation, or association, to the best of his or her knowledge and belief, has the right to use such mark in commerce either in the identical form of the mark or in such near resemblance to the mark as to be likely, when used on or in connection with the goods of such other person, firm, corporation, or association, to cause confusion, mistake, or deception. (6) **Extension of protection** — The term “extension of protection” means the protection resulting from an international registration that extends to the United States at the request of the holder of the international registration, in accordance with the Madrid Protocol. (7) **Holder of an international registration** — A “holder” of an international registration is the natural or juristic person in whose name the international registration is recorded on the International Register. (8) **International application** — The term “international application” means an application for international registration that is filed under the Madrid Protocol. (9) **International Bureau** — The term “International Bureau” means the International Bureau of the World Intellectual Property Organization. (10) **International Register** — The term “International Register” means the official collection of data concerning international registrations maintained by the International Bureau that the Madrid Protocol or its implementing regulations require or permit to be recorded. (11) **International registration** — The term “international registration” means the registration of a mark granted under the Madrid Protocol. (12) **International registration date** — The term “international registration date” means the date assigned to the international registration by the International Bureau. (13) **Madrid Protocol** — The term “Madrid Protocol” means the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, adopted at Madrid, Spain, on June 27, 1989. (14) **Notification of refusal** — The term “notification of refusal” means the notice sent by the United States Patent and Trademark Office to the International Bureau declaring that an extension of protection cannot be granted. (15) **Office of a Contracting Party** — The term “Office of a Contracting Party” means— (A) the office, or governmental entity, of a Contracting Party that is responsible for the registration of marks; or (B) the common office, or governmental entity, of more than 1 Contracting Party that is responsible for the registration of marks and is so recognized by the International Bureau. (16) **Office of origin** — The term “office of origin” means the Office of a Contracting Party with which a basic application was filed or by which a basic registration was granted. (17) **Opposition period** — The term “opposition period” means the time allowed for filing an opposition in the United States Patent and Trademark Office, including any extension of time granted under [section 1063 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1063&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1063 — Opposition to registration

**(a)** Any person who believes that he would be damaged by the registration of a mark upon the principal register, including the registration of any mark which would be likely to cause dilution by blurring or dilution by tarnishment under [section 1125(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1125/c&num=0&edition=prelim), may, upon payment of the prescribed fee, file an opposition in the Patent and Trademark Office, stating the grounds therefor, within thirty days after the publication under subsection (a) of [section 1062 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1062&num=0&edition=prelim) of the mark sought to be registered. Upon written request prior to the expiration of the thirty-day period, the time for filing opposition shall be extended for an additional thirty days, and further extensions of time for filing opposition may be granted by the Director for good cause when requested prior to the expiration of an extension. The Director shall notify the applicant of each extension of the time for filing opposition. An opposition may be amended under such conditions as may be prescribed by the Director. **(b)** Unless registration is successfully opposed— (1) a mark entitled to registration on the principal register based on an application filed under [section 1051(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1051/a&num=0&edition=prelim) or pursuant to [section 1126 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1126&num=0&edition=prelim) shall be registered in the Patent and Trademark Office, a certificate of registration shall be issued, and notice of the registration sha

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1051 — Application for registration; verification

**(a) Application for use of trademark** (1) The owner of a trademark used in commerce may request registration of its trademark on the principal register hereby established by paying the prescribed fee and filing in the Patent and Trademark Office an application and a verified statement, in such form as may be prescribed by the Director, and such number of specimens or facsimiles of the mark as used as may be required by the Director. (2) The application shall include specification of the applicant’s domicile and citizenship, the date of the applicant’s first use of the mark, the date of the applicant’s first use of the mark in commerce, the goods in connection with which the mark is used, and a drawing of the mark. (3) The statement shall be verified by the applicant and specify that— (A) the person making the verification believes that he or she, or the juristic person in whose behalf he or she makes the verification, to be the owner of the mark sought to be registered; (B) to the best of the verifier’s knowledge and belief, the facts recited in the application are accurate; (C) the mark is in use in commerce; and (D) to the best of the verifier’s knowledge and belief, no other person has the right to use such mark in commerce either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods of such other person, to cause confusion, or to cause mistake, or to deceive, except that, in the case of every application claiming concurrent use, the applicant shall— (i) state exceptions to the claim of exclusive use; and (ii) shall 11 So in original. The word “shall” probably should not appear. specify, to the extent of the verifier’s knowledge— (I) any concurrent use by othe

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1141 — Definitions

Page 1331 TITLE 15—COMMERCE AND TRADE § 1141 substituted ‘‘identify and distinguish his goods, includ- ing a unique product, from those manufactured or sold by others and to indicate the source of the goods, even if that source is unknown’’ for ‘‘identify his goods and distinguish them from those manufactured or sold by others’’. Pub. L. 98–620, § 103(2), in definition of ‘‘service mark’’ substituted ‘‘The term ‘service mark’ means a mark used in the sale or advertising of services to identify and distinguish the services of one person, including a unique service, from the services of others and to indi- cate the source of the services, even if that source is unknown’’ for ‘‘The term ‘service mark’ means a mark used in the sale or advertising of services to identify the services of one person and distinguish them from the services of others’’. Pub. L. 98–620, § 103(3), in subpar. (b) of par. relating to when a mark shall be deemed to be ‘‘abandoned’’, in- serted ‘‘Purchaser motivation shall not be a test for de- termining abandonment under this subparagraph.’’ 1975—Pub. L. 93–596 substituted ‘‘Patent and Trade- mark Office’’ for ‘‘Patent Office’’ in two places and ‘‘Commissioner of Patents and Trademarks’’ for ‘‘Com- missioner of Patents’’ in definition of ‘‘Commissioner’’. 1962—Pub. L. 87–772 substituted, ‘‘predecessors,’’ for ‘‘and’’ in definition of ‘‘applicant’’ and ‘‘registrant’’, ‘‘Titles, character names and other distinctive features of radio or television programs may be registered as service marks notwithstanding that they, or the pro- grams, may advertise the goods of the sponsor’’ for ‘‘and includes without limitation the marks, names, symbols, titles, designations, slogans, character names, and distinctive features of radio or other

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