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15 U.S.C. § 1141i — Effect of extension of protection
Federal law — U.S. Code and appendices · legal_authorities
**(a) Issuance of extension of protection** Unless a request for 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 Director shall issue a certificate of extension of protection pursuant to the request and shall cause notice of such certificate of extension of protection to be published in the Official Gazette of the United States Patent and Trademark Office.
**(b) Effect of extension of protection** From the date on which a certificate of extension of protection is issued under subsection (a)—
(1) such extension of protection shall have the same effect and validity as a registration on the Principal Register; and
(2) the holder of the international registration shall have the same rights and remedies as the owner of a registration on the Principal Register.
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Stable record: federal_law:legal_authorities:record_usc_d036a46c8679b59966794dc4
Source file: Laws/federal/codes/united-states-code/title-15/section-1141i-effect-of-extension-of-protection--a77663d83d.md
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Passage SHA-256: bf2b64d0c370ead384643f62b38b0550a6dc3f0040e924a946d53ae35bcaba24
Source location: Title 15, Chapter 22, § 1141i; chapter-022-trademarks.md
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**(a) Issuance of extension of protection** Unless a request for 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 Director shall issue a certificate of extension of protection pursuant to the request and shall cause notice of such certificate of extension of protection to be published in the Official Gazette of the United States Patent and Trademark Office.
**(b) Effect of extension of protection** From the date on which a certificate of extension of protection is issued under subsection (a)—
(1) such extension of protection shall have the same effect and validity as a registration on the Principal Register; and
(2) the holder of the international registration shall have the same rights and remedies as the owner of a registration on the Principal Register.
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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
**(a) Time periods for required affidavits** Each extension of protection for which a certificate has been issued under [section 1141i of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1141i&num=0&edition=prelim) shall remain in force for the term of the international registration upon which it is based, except that the extension of protection of any mark shall be canceled by the Director unless the holder of the international 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 issuance of the certificate of extension of protection.
(2) Within the 1-year period immediately preceding the expiration of 10 years following the date of issuance of the certificate of extension of protection, and each successive 10-year period following the date of issuance of the certificate of extension of protection.
(3) The holder may file the affidavit required under this section within a grace period of 6 months after the end of the applicable time period established in paragraph (1) or (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 extension of protection 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) b
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1141k
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Federal law — U.S. Code and appendices · legal_authorities
The period of continuous use prescribed under [section 1065 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1065&num=0&edition=prelim) for a mark covered by an extension of protection issued under this subchapter may begin no earlier than the date on which the Director issues the certificate of the extension of protection under [section 1141i of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1141i&num=0&edition=prelim), except as provided in [section 1141n of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1141n&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1141m
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Federal law — U.S. Code and appendices · legal_authorities
Page 1334
TITLE 15—COMMERCE AND TRADE
§ 1141h
1 So in original. The comma probably should not appear.
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 ex-
tension of protection to the United States is
not later than 6 months after the date of the
first regular national filing (within the mean-
ing 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).
(July 5, 1946, ch. 540, title XII, § 67, as added Pub.
L. 107–273, div. C, title III, § 13402, Nov. 2, 2002, 116
Stat. 1917.)
§ 1141h. Examination of and opposition to re-
quest for extension of protection; notification
of refusal
(a) Examination and opposition
(1) A request for extension of protection de-
scribed in section 1141f(a) of this title shall be
examined as an application for registration on
the Principal Register under this chapter, and if
on such examination it appears that the appli-
cant 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.
(3) Extension of protection shall not be refused
on the ground t
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 1141i
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