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15 U.S.C. § 1059 — Renewal of registration
Federal law — U.S. Code and appendices · legal_authorities
**(a) Period of renewal; time for renewal** Subject to the provisions of [section 1058 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1058&num=0&edition=prelim), each registration may be renewed for periods of 10 years at the end of each successive 10-year period following the date of registration upon payment of the prescribed fee and the filing of a written application, in such form as may be prescribed by the Director. Such application may be made at any time within 1 year before the end of each successive 10-year period for which the registration was issued or renewed, or it may be made within a grace period of 6 months after the end of each successive 10-year period, upon payment of a fee and surcharge prescribed therefor. If any application filed under this section is deficient, the deficiency may be corrected within the time prescribed after notification of the deficiency, upon payment of a surcharge prescribed therefor.
**(b) Notification of refusal of renewal** If the Director refuses to renew the registration, the Director shall notify the registrant of the Commissioner’s 11 So in original. Probably should be “Director’s”. refusal and the reasons therefor.
**(c) Designation of resident for service of process and notices** If the registrant is not domiciled in the United States the registrant may designate, by a document filed in the United States Patent and Trademark Office, the name and address of a person resident in the United States on whom may be served notices or process in proceedings affecting the mark. Such notices or process may be served upon the person so designated by leaving with that person or mailing to that person a copy thereof at the address specified in the last designation so filed. If the pers
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Stable record: federal_law:legal_authorities:record_usc_c0b7f1e90739d8255bd352c1
Source file: Laws/federal/codes/united-states-code/title-15/section-1059-renewal-of-registration--a26fc60bd5.md
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Source location: Title 15, Chapter 22, § 1059; chapter-022-trademarks.md
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**(a) Period of renewal; time for renewal** Subject to the provisions of [section 1058 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1058&num=0&edition=prelim), each registration may be renewed for periods of 10 years at the end of each successive 10-year period following the date of registration upon payment of the prescribed fee and the filing of a written application, in such form as may be prescribed by the Director. Such application may be made at any time within 1 year before the end of each successive 10-year period for which the registration was issued or renewed, or it may be made within a grace period of 6 months after the end of each successive 10-year period, upon payment of a fee and surcharge prescribed therefor. If any application filed under this section is deficient, the deficiency may be corrected within the time prescribed after notification of the deficiency, upon payment of a surcharge prescribed therefor.
**(b) Notification of refusal of renewal** If the Director refuses to renew the registration, the Director shall notify the registrant of the Commissioner’s 11 So in original. Probably should be “Director’s”. refusal and the reasons therefor.
**(c) Designation of resident for service of process and notices** If the registrant is not domiciled in the United States the registrant may designate, by a document filed in the United States Patent and Trademark Office, the name and address of a person resident in the United States on whom may be served notices or process in proceedings affecting the mark. Such notices or process may be served upon the person so designated by leaving with that person or mailing to that person a copy thereof at the address specified in the last designation so filed. If the person so designated cannot be found at the address given in the last designation, or if the registrant does not designate by a document filed in the United States Patent and Trademark Office the name and address of a person resident in the United States on whom may be served notices or process in proceedings affecting the mark, such notices or process may be served on the Director.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—** The United States Patent and Trademark Office is established as an agency of the United States, within the Department of Commerce. In carrying out its functions, the United States Patent and Trademark Office shall be subject to the policy direction of the Secretary of Commerce, but otherwise shall retain responsibility for decisions regarding the management and administration of its operations and shall exercise independent control of its budget allocations and expenditures, personnel decisions and processes, procurements, and other administrative and management functions in accordance with this title and applicable provisions of law. Those operations designed to grant and issue patents and those operations which are designed to facilitate the registration of trademarks shall be treated as separate operating units within the Office.
**(b) Offices.—** The United States Patent and Trademark Office shall maintain its principal office in the metropolitan Washington, D.C., area, for the service of process and papers and for the purpose of carrying out its functions. The United States Patent and Trademark Office shall be deemed, for purposes of venue in civil actions, to be a resident of the district in which its principal office is located, except where jurisdiction is otherwise provided by law. The United States Patent and Trademark Office may establish satellite offices in such other places in the United States as it considers necessary and appropriate in the conduct of its business.
**(c) Reference.—** For purposes of this title, the United States Patent and Trademark Office shall also be referred to as the “Office” and the “Patent and Trademark Office”.
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Federal law — U.S. Code and appendices · legal_authorities
**(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
**(a) Time periods for required affidavits** Each registration shall remain in force for 10 years, except that the registration of any mark shall be canceled by the Director unless the owner of the registration files in the United States Patent and Trademark Office affidavits that meet the requirements of subsection (b), within the following time periods:
(1) Within the 1-year period immediately preceding the expiration of 6 years following the date of registration under this chapter or the date of the publication under [section 1062(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1062/c&num=0&edition=prelim).
(2) Within the 1-year period immediately preceding the expiration of 10 years following the date of registration, and each successive 10-year period following the date of registration.
(3) The owner may file the affidavit required under this section within the 6-month grace period immediately following the expiration of the periods established in paragraphs (1) and (2), together with the fee described in subsection (b) and the additional grace period surcharge prescribed by the Director.
**(b) Requirements for affidavit** The affidavit referred to in subsection (a) shall—
(1)
(A) state that the mark is in use in commerce;
(B) set forth the goods and services recited in the registration on or in connection with which the mark is in use in commerce;
(C) be accompanied by such number of specimens or facsimiles showing current use of the mark in commerce as may be required by the Director; and
(D) be accompanied by the fee prescribed by the Director; or
(2)
(A) set forth the goods and services recited in the registration on or in connection with which the mark is not in use in commerce;
(B) include
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Evidentiary value; defenses** Any registration issued under the Act of March 3, 1881, or the Act of February 20, 1905, or of a mark registered on the principal register provided by this chapter and owned by a party to an action shall be admissible in evidence and shall be prima facie evidence of the validity of the registered mark and of the registration of the mark, of the registrant’s ownership of the mark, and of the registrant’s exclusive right to use the registered mark in commerce on or in connection with the goods or services specified in the registration subject to any conditions or limitations stated therein, but shall not preclude another person from proving any legal or equitable defense or defect, including those set forth in subsection (b), which might have been asserted if such mark had not been registered.
**(b) Incontestability; defenses** To the extent that the right to use the registered mark has become incontestable under [section 1065 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1065&num=0&edition=prelim), the registration shall be conclusive evidence of the validity of the registered mark and of the registration of the mark, of the registrant’s ownership of the mark, and of the registrant’s exclusive right to use the registered mark in commerce. Such conclusive evidence shall relate to the exclusive right to use the mark on or in connection with the goods or services specified in the affidavit filed under the provisions of [section 1065 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1065&num=0&edition=prelim), or in the renewal application filed under the provisions of [section 1059 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-pre
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Federal law — U.S. Code and appendices · legal_authorities
Page 1287
TITLE 15—COMMERCE AND TRADE
§ 1059
1 So in original. Probably should be ‘‘Director’s’’.
1946 [15 U.S.C. 1062(c)], for which the affidavit is filed is
on or after the effective date of this Act [probably
should be ‘‘this title’’, see section 110 of Pub. L. 105–330,
set out as an Effective Date of 1998 Amendment note
under section 1051 of this title].’’
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100–667 effective one year
after Nov. 16, 1988, see section 136 of Pub. L. 100–667, set
out as a note under section 1051 of this title.
EFFECTIVE DATE OF 1982 AMENDMENT
Amendment by Pub. L. 97–247 effective six months
after Aug. 27, 1982, see section 17(c) of Pub. L. 97–247, set
out as a note under section 294 of Title 35, Patents.
EFFECTIVE DATE OF 1975 AMENDMENT
Amendment by Pub. L. 93–596 effective Jan. 2, 1975,
see section 4 of Pub. L. 93–596, set out as a note under
section 1111 of this title.
REPEAL AND EFFECT ON EXISTING RIGHTS
Repeal of inconsistent provisions, effect of this chap-
ter on pending proceedings and existing registrations
and rights under prior acts, and saving clause, see
notes set out under section 1051 of this title.
REFERENCES TO TRADEMARK ACT OF 1946
Pub. L. 105–330, title I, § 102, Oct. 30, 1998, 112 Stat.
3064, provided that: ‘‘For purposes of this title [see
Short Title of 1998 Amendment note set out under sec-
tion 1051 of this title], the Act entitled ‘An Act to pro-
vide for the registration and protection of trademarks
used in commerce, to carry out the provisions of cer-
tain international conventions, and for other purposes’,
approved July 5, 1946 (15 U.S.C. 1051 et seq.), shall be re-
ferred to as the ‘Trademark Act of 1946’.’’
PENDING APPLICATIONS
Act July 5, 1946, ch. 540, title XI, § 51, as added
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 1059
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