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15 U.S.C. § 1141g — Right of priority for request for extension of protection to the United States
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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Stable record: federal_law:legal_authorities:record_usc_de2f8b9460e8055f90a13df4
Source file: Laws/federal/codes/united-states-code/title-15/section-1141g-right-of-priority-for-request-for-extension-of-protection-to-the-united--b559a950b4.md
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Passage SHA-256: 5f3a1240da4bf46020ef54f1e3ca4bd7eaff0a8fe4a8ff9cbab8b374dd7661c0
Source location: Title 15, Chapter 22, § 1141g; chapter-022-trademarks.md
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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) 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) Effect of cancellation of international registration** If the International Bureau notifies the United States Patent and Trademark Office of the cancellation of an international registration with respect to some or all of the goods and services listed in the international registration, the Director shall cancel any extension of protection to the United States with respect to such goods and services as of the date on which the international registration was canceled.
**(b) Effect of failure to renew international registration** If the International Bureau does not renew an international registration, the corresponding extension of protection to the United States shall cease to be valid as of the date of the expiration of the international registration.
**(c) Transformation of an extension of protection into a United States application** The holder of an international registration canceled in whole or in part by the International Bureau at the request of the office of origin, under article 6(4) of the Madrid Protocol, may file an application, under section 1051 or 1126 of this title, for the registration of the same mark for any of the goods and services to which the cancellation applies that were covered by an extension of protection to the United States based on that international registration. Such an application shall be treated as if it had been filed on the international registration date or the date of recordal of the request for extension of protection with the International Bureau, whichever date applies, and, if the extension of protection enjoyed priority under [section 1141g of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1141g&num=0&edition=prelim), shall enjoy the same priority. Such an application shall be
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1141j
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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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