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15 U.S.C. § 1141f — Effect of filing a request for extension of protection of an international registration to the United States
Federal law — U.S. Code and appendices · legal_authorities
**(a) Requirement for request for extension of protection** A request for extension of protection of an international registration to the United States that the International Bureau transmits to the United States Patent and Trademark Office shall be deemed to be properly filed in the United States if such request, when received by the International Bureau, has attached to it a declaration of bona fide intention to use the mark in commerce that is verified by the applicant for, or holder of, the international registration.
**(b) Effect of proper filing** Unless extension of protection is refused under [section 1141h of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1141h&num=0&edition=prelim), the proper filing of the request for extension of protection under subsection (a) shall constitute constructive use of the mark, conferring the same rights as those specified in [section 1057(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1057/c&num=0&edition=prelim), as of the earliest of the following:
(1) The international registration date, if the request for extension of protection was filed in the international application.
(2) The date of recordal of the request for extension of protection, if the request for extension of protection was made after the international registration date.
(3) The date of priority claimed pursuant to [section 1141g of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1141g&num=0&edition=prelim).
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Stable record: federal_law:legal_authorities:record_usc_842b1a2e506d4ad2ce236a8f
Source file: Laws/federal/codes/united-states-code/title-15/section-1141f-effect-of-filing-a-request-for-extension-of-protection-of-an-internation--935ea99bc1.md
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Source location: Title 15, Chapter 22, § 1141f; chapter-022-trademarks.md
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**(a) Requirement for request for extension of protection** A request for extension of protection of an international registration to the United States that the International Bureau transmits to the United States Patent and Trademark Office shall be deemed to be properly filed in the United States if such request, when received by the International Bureau, has attached to it a declaration of bona fide intention to use the mark in commerce that is verified by the applicant for, or holder of, the international registration.
**(b) Effect of proper filing** Unless extension of protection is refused under [section 1141h of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1141h&num=0&edition=prelim), the proper filing of the request for extension of protection under subsection (a) shall constitute constructive use of the mark, conferring the same rights as those specified in [section 1057(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1057/c&num=0&edition=prelim), as of the earliest of the following:
(1) The international registration date, if the request for extension of protection was filed in the international application.
(2) The date of recordal of the request for extension of protection, if the request for extension of protection was made after the international registration date.
(3) The date of priority claimed pursuant to [section 1141g of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1141g&num=0&edition=prelim).
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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
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Federal law — U.S. Code and appendices · legal_authorities
The holder of an international registration with a request for an extension of protection to the United States shall be entitled to claim a date of priority based on a right of priority within the meaning of Article 4 of the Paris Convention for the Protection of Industrial Property if—
(1) the request for extension of protection contains a claim of priority; and
(2) the date of international registration or the date of the recordal of the request for extension of protection to the United States is not later than 6 months after the date of the first regular national filing (within the meaning of Article 4(A)(3) of the Paris Convention for the Protection of Industrial Property) or a subsequent application (within the meaning of Article 4(C)(4) of the Paris Convention for the Protection of Industrial Property).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Petition** Notwithstanding sections 1057(b) and 1072 of this title, and subsections (a) and (b) of [section 1115 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1115&num=0&edition=prelim), any person may file a petition to expunge a registration of a mark on the basis that the mark has never been used in commerce on or in connection with some or all of the goods or services recited in the registration.
**(b) Contents of petition** A petition filed under subsection (a), together with any supporting documents, shall—
(1) identify the registration that is the subject of the petition;
(2) identify each good or service recited in the registration for which it is alleged that the mark has never been used in commerce;
(3) include a verified statement that sets forth—
(A) the elements of the reasonable investigation the petitioner conducted to determine that the mark has never been used in commerce on or in connection with the goods and services identified in the petition; and
(B) any additional facts that support the allegation that the mark has never been used in commerce on or in connection with the identified goods and services;
(4) include any supporting evidence on which the petitioner relies; and
(5) be accompanied by the fee prescribed by the Director.
**(c) Initial determination; institution**
(1) **Prima facie case determination, institution, and notification** — The Director shall, for each good or service identified under subsection (b)(2), determine whether the petition sets forth a prima facie case of the mark having never been used in commerce on or in connection with each such good or service, institute an ex parte expungement proceeding for each good or service for which the Director determines that
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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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