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15 U.S.C. § 1058 — Duration, affidavits and fees

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

15 U.S.C. § 1058 — Duration, affidavits and fees

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Stable record: federal_law:legal_authorities:record_usc_ca15e4177be35beafca78966
Source file: Laws/federal/codes/united-states-code/title-15/section-1058-duration-affidavits-and-fees--563e5093af.md
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Source location: Title 15, Chapter 22, § 1058; chapter-022-trademarks.md

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**(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 a showing that any nonuse is due to special circumstances which excuse such nonuse and is not due to any intention to abandon the mark; and (C) be accompanied by the fee prescribed by the Director. **(c) Deficient affidavit** If any submission filed within the period set forth in subsection (a) is deficient, including that the affidavit was not filed in the name of the owner of the registration, the deficiency may be corrected after the statutory time period, within the time prescribed after notification of the deficiency. Such submission shall be accompanied by the additional deficiency surcharge prescribed by the Director. **(d) Notice of requirement** Special notice of the requirement for such affidavit shall be attached to each certificate of registration and notice of 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). **(e) Notification of acceptance or refusal** The Director shall notify any owner who files any affidavit required by this section of the Director’s acceptance or refusal thereof and, in the case of a refusal, the reasons therefor. **(f) Designation of resident for service of process and notices** If the owner is not domiciled in the United States, the owner 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 last designated address, or if the owner 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

35 U.S.C. § 294 — Voluntary arbitration

**(a)** A contract involving a patent or any right under a patent may contain a provision requiring arbitration of any dispute relating to patent validity or infringement arising under the contract. In the absence of such a provision, the parties to an existing patent validity or infringement dispute may agree in writing to settle such dispute by arbitration. Any such provision or agreement shall be valid, irrevocable, and enforceable, except for any grounds that exist at law or in equity for revocation of a contract. **(b)** Arbitration of such disputes, awards by arbitrators and confirmation of awards shall be governed by title 9, to the extent such title is not inconsistent with this section. In any such arbitration proceeding, the defenses provided for under section 282 shall be considered by the arbitrator if raised by any party to the proceeding. **(c)** An award by an arbitrator shall be final and binding between the parties to the arbitration but shall have no force or effect on any other person. The parties to an arbitration may agree that in the event a patent which is the subject matter of an award is subsequently determined to be invalid or unenforceable in a judgment rendered by a court of competent jurisdiction from which no appeal can or has been taken, such award may be modified by any court of competent jurisdiction upon application by any party to the arbitration. Any such modification shall govern the rights and obligations between such parties from the date of such modification. **(d)** When an award is made by an arbitrator, the patentee, his assignee or licensee shall give notice thereof in writing to the Director. There shall be a separate notice prepared for each patent involved in such proceeding. Such notice shall set forth the names and add

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

35 U.S.C. § 1 — Establishment

**(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

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. § 1111 — Notice of registration; display with mark; recovery of profits and damages in infringement suit

Notwithstanding the provisions of [section 1072 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1072&num=0&edition=prelim), a registrant of a mark registered in the Patent and Trademark Office, may give notice that his mark is registered by displaying with the mark the words “Registered in U.S. Patent and Trademark Office” or “Reg. U.S. Pat. & Tm. Off.” or the letter R enclosed within a circle, thus ®; and in any suit for infringement under this chapter by such a registrant failing to give such notice of registration, no profits and no damages shall be recovered under the provisions of this chapter unless the defendant had actual notice of the registration.

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

15 U.S.C. § 1059 — Renewal of registration

**(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

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1059

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

15 U.S.C. § 1062 — Publication

**(a) Examination and publication** Upon the filing of an application for registration and payment of the prescribed fee, the Director shall refer the application to the examiner in charge of the registration of marks, who shall cause an examination to be made and, if on such examination it shall appear that the applicant is entitled to registration, or would be entitled to registration upon the acceptance of the statement of use required by [section 1051(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1051/d&num=0&edition=prelim), the Director shall cause the mark to be published in the Official Gazette of the Patent and Trademark Office: Provided, That in the case of an applicant claiming concurrent use, or in the case of an application to be placed in an interference as provided for in [section 1066 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1066&num=0&edition=prelim) the mark, if otherwise registrable, may be published subject to the determination of the rights of the parties to such proceedings. **(b) Refusal of registration; amendment of application; abandonment; extensions of time to respond** (1) If the applicant is found not entitled to registration, the examiner shall notify the applicant thereof and of the reasons therefor. The applicant may reply or amend the application, which shall then be reexamined. This procedure may be repeated until the examiner finally refuses registration of the mark or the application is abandoned as described in paragraph (2). (2) After notification under paragraph (1), the applicant shall have a period of 6 months in which to reply or amend the application, or such shorter time that is not less than 60 days, as prescribed by the Direc

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

15 U.S.C. § 1071 — Appeal to courts

**(a) Persons entitled to appeal; United States Court of Appeals for the Federal Circuit; waiver of civil action; election of civil action by adverse party; procedure** (1) An applicant for registration of a mark, party to an interference proceeding, party to an opposition proceeding, party to an application to register as a lawful concurrent user, party to a cancellation proceeding, a registrant who has filed an affidavit as provided in [section 1058 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1058&num=0&edition=prelim) or [section 1141k of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1141k&num=0&edition=prelim), an applicant for renewal, or a registrant subject to an ex parte expungement proceeding or an ex parte reexamination proceeding, who is dissatisfied with the decision of the Director or Trademark Trial and Appeal Board, may appeal to the United States Court of Appeals for the Federal Circuit thereby waiving his right to proceed under subsection (b) of this section: Provided, That such appeal shall be dismissed if any adverse party to the proceeding, other than the Director, shall, within twenty days after the appellant has filed notice of appeal according to paragraph (2) of this subsection, files notice with the Director that he elects to have all further proceedings conducted as provided in subsection (b) of this section. Thereupon the appellant shall have thirty days thereafter within which to file a civil action under subsection (b) of this section, in default of which the decision appealed from shall govern the further proceedings in the case. (2) When an appeal is taken to the United States Court of Appeals for the Federal Circuit, the appellant shall file in the

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

15 U.S.C. § 1058 — Duration, affidavits and fees

Page 1285 TITLE 15—COMMERCE AND TRADE § 1058 ance with the rules of the Patent and Trademark Office and the registrations to which they are attached shall have the same force and effect as if such certificates and their issue had been specifically authorized by stat- ute.’’ 1999—Subsecs. (a), (d) to (h). Pub. L. 106–113 sub- stituted ‘‘Director’’ for ‘‘Commissioner’’ wherever ap- pearing. 1998—Subsec. (a). Pub. L. 105–330 struck out second period at end of first sentence. 1988—Subsec. (b). Pub. L. 100–667, § 109(1), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: ‘‘A certificate of registration of a mark upon the principal register provided by this chapter shall be prima facie evidence of the validity of the reg- istration, registrant’s ownership of the mark, and of registrant’s exclusive right to use the mark in com- merce in connection with the goods or services speci- fied in the certificate, subject to any conditions and limitations stated therein.’’ Subsec. (c). Pub. L. 100–667, § 109(3), added subsec. (c). Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 100–667, § 109(2), (4), redesignated former subsec. (c) as (d) and substituted ‘‘prescribed fee’’ for ‘‘fee herein provided’’. Former subsec. (d) re- designated (e). Subsec. (e). Pub. L. 100–667, § 109(2), redesignated former subsec. (d) as (e). Former subsec. (e) redesig- nated (f). Subsec. (f). Pub. L. 100–667, § 109(2), (5), redesignated former subsec. (e) as (f) and substituted ‘‘prescribed fee’’ for ‘‘fee required by law’’. Former subsec. (f) redes- ignated (g). Subsec. (g). Pub. L. 100–667, § 109(2), redesignated former subsec. (f) as (g). Former subsec. (g) redesig- nated (h). Subsec. (h). Pub. L. 100–667, § 109(2), (6), redesignated former s

Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 1058

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