15 U.S.C. § 1125 — False designations of origin, false descrip-

Page 1322 TITLE 15—COMMERCE AND TRADE § 1125 name or mark calculated to induce the public to believe that the article is manufactured in the United States, or that it is manufactured in any foreign country or locality other than the coun- try or locality in which it is in fact manufac- tured, shall be admitted to entry at any custom- house of the United States; and, in order to aid the officers of the customs in enforcing this pro- hibition, any domestic manufacturer or trader, and any foreign manufacturer or trader, who is entitled under the provisions of a treaty, con- vention, declaration, or agreement between the United States and any foreign country to the ad- vantages afforded by law to citizens of the United States in respect to trademarks and commercial names, may require his name and residence, and the name of the locality in which his goods are manufactured, and a copy of the certificate of registration of his trademark, issued in accordance with the provisions of this chapter, to be recorded in books which shall be kept for this purpose in the Department of the Treasury, under such regulations as the Sec- retary of the Treasury shall prescribe, and may furnish to the Department facsimiles of his name, the name of the locality in which his goods are manufactured, or of his registered trademark, and thereupon the Secretary of the Treasury shall cause one or more copies of the same to be transmitted to each collector or other proper officer of customs. (July 5, 1946, ch. 540, title VII, § 42, 60 Stat. 440; Pub. L. 95–410, title II, § 211(b), Oct. 3, 1978, 92 Stat. 903; Pub. L. 105–330, title II, § 201(a)(11), (12), Oct. 30, 1998, 112 Stat. 3070; Pub. L. 106–43, § 6(b), Aug. 5, 1999, 113 Stat. 220.) Editorial Notes PRIOR PROVISIONS Act Feb. 20, 1905, ch. 592, § 27, 33 Stat. 730. AMENDMENTS 1999—Pub. L. 106–43 substituted ‘‘trademarks’’ for ‘‘trade-marks’’. 1998—Pub. L. 105–330, § 201(a)(11), substituted ‘‘name of any domestic’’ for ‘‘name of the any domestic’’. Pub. L. 105–330, § 201(a)(12), substituted ‘‘trademark’’ for ‘‘trade-mark’’ wherever appearing. 1978—Pub. L. 95–410 substituted ‘‘Except as provided in subsection (d) of section 1526 of title 19, no article’’ for ‘‘No article’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105–330 effective Oct. 30, 1998, and applicable only to any civil action filed or pro- ceeding before the United States Patent and Trade- mark Office commenced on or after such date relating to the registration of a mark, see section 201(b) of Pub. L. 105–330, set out as a note under section 1051 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, see notes set out under sec- tion 1051 of this title. Executive Documents TRANSFER OF FUNCTIONS Offices of collector of customs, comptroller of cus- toms, surveyor of customs, and appraiser of merchan- dise of Bureau of Customs of Department of the Treas- ury to which appointments were required to be made by President with advice and consent of Senate ordered abolished, with such offices to be terminated not later than Dec. 31, 1966, by Reorg. Plan No. 1 of 1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317, set out in the Appen- dix to Title 5, Government Organization and Employ- ees. Functions of offices eliminated were already vested in Secretary of the Treasury by Reorg. Plan No. 26 of 1950, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5. § 1125. False designations of origin, false descrip- tions, and dilution forbidden (a) Civil action (1) Any person who, on or in connection with any goods or services, or any container for goods, uses in commerce any word, term, name, symbol, or device, or any combination thereof, or any false designation of origin, false or mis- leading description of fact, or false or mis- leading representation of fact, which— (A) is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as to the origin, sponsor- ship, or approval of his or her goods, services, or commercial activities by another person, or (B) in commercial advertising or promotion, misrepresents the nature, characteristics, qualities, or geographic origin of his or her or another person’s goods, services, or commer- cial activities, shall be liable in a civil action by any person who believes that he or she is or is likely to be damaged by such act. (2) As used in this subsection, the term ‘‘any person’’ includes any State, instrumentality of a State or employee of a State or instrumentality of a State acting in his or her official capacity. Any State, and any such instrumentality, offi- cer, or employee, shall be subject to the provi- sions of this chapter in the same manner and to the same extent as any nongovernmental entity. (3) In a civil action for trade dress infringe- ment under this chapter for trade dress not reg- istered on the principal register, the person who asserts trade dress protection has the burden of proving that the matter sought to be protected is not functional. (b) Importation Any goods marked or labeled in contravention of the provisions of this section shall not be im- ported into the United States or admitted to entry at any customhouse of the United States. The owner, importer, or consignee of goods re- fused entry at any customhouse under this sec- tion may have any recourse by protest or appeal that is given under the customs revenue laws or may have the remedy given by this chapter in cases involving goods refused entry or seized. (c) Dilution by blurring; dilution by tarnishment (1) Injunctive relief Subject to the principles of equity, the owner of a famous mark that is distinctive, in- herently or through acquired distinctiveness, shall be entitled to an injunction against an- other person who, at any time after the own- er’s mark has become famous, commences use Page 1323 TITLE 15—COMMERCE AND TRADE § 1125 of a mark or trade name in commerce that is likely to cause dilution by blurring or dilution by tarnishment of the famous mark, regard- less of the presence or absence of actual or likely confusion, of competition, or of actual economic injury. (2) Definitions (A) For purposes of paragraph (1), a mark is famous if it is widely recognized by the gen- eral consuming public of the United States as a designation of source of the goods or services of the mark’s owner. In determining whether a mark possesses the requisite degree of recogni- tion, the court may consider all relevant fac- tors, including the following: (i) The duration, extent, and geographic reach of advertising and publicity of the mark, whether advertised or publicized by the owner or third parties. (ii) The amount, volume, and geographic extent of sales of goods or services offered under the mark. (iii) The extent of actual recognition of the mark. (iv) Whether the mark was registered under the Act of March 3, 1881, or the Act of February 20, 1905, or on the principal reg- ister. (B) For purposes of paragraph (1), ‘‘dilution by blurring’’ is association arising from the similarity between a mark or trade name and a famous mark that impairs the distinctive- ness of the famous mark. In determining whether a mark or trade name is likely to cause dilution by blurring, the court may con- sider all relevant factors, including the fol- lowing: (i) The degree of similarity between the mark or trade name and the famous mark. (ii) The degree of inherent or acquired dis- tinctiveness of the famous mark. (iii) The extent to which the owner of the famous mark is engaging in substantially exclusive use of the mark. (iv) The degree of recognition of the fa- mous mark. (v) Whether the user of the mark or trade name intended to create an association with the famous mark. (vi) Any actual association between the mark or trade name and the famous mark. (C) For purposes of paragraph (1), ‘‘dilution by tarnishment’’ is association arising from the similarity between a mark or trade name and a famous mark that harms the reputation of the famous mark. (3) Exclusions The following shall not be actionable as di- lution by blurring or dilution by tarnishment under this subsection: (A) Any fair use, including a nominative or descriptive fair use, or facilitation of such fair use, of a famous mark by another person other than as a designation of source for the person’s own goods or services, including use in connection with— (i) advertising or promotion that permits consumers to compare goods or services; or (ii) identifying and parodying, criti- cizing, or commenting upon the famous mark owner or the goods or services of the famous mark owner. (B) All forms of news reporting and news commentary. (C) Any noncommercial use of a mark. (4) Burden of proof In a civil action for trade dress dilution under this chapter for trade dress not reg- istered on the principal register, the person who asserts trade dress protection has the bur- den of proving that— (A) the claimed trade dress, taken as a whole, is not functional and is famous; and (B) if the claimed trade dress includes any mark or marks registered on the principal register, the unregistered matter, taken as a whole, is famous separate and apart from any fame of such registered marks. (5) Additional remedies In an action brought under this subsection, the owner of the famous mark shall be enti- tled to injunctive relief as set forth in section 1116 of this title. The owner of the famous mark shall also be entitled to the remedies set forth in sections 1117(a) and 1118 of this title, subject to the discretion of the court and the principles of equity if— (A) the mark or trade name that is likely to cause dilution by blurring or dilution by tarnishment was first used in commerce by the person against whom the injunction is sought after October 6, 2006; and (B) in a claim arising under this sub- section— (i) by reason of dilution by blurring, the person against whom the injunction is sought willfully intended to trade on the recognition of the famous mark; or (ii) by reason of dilution by tarnishment, the person against whom the injunction is sought willfully intended to harm the rep- utation of the famous mark. (6) Ownership of valid registration a complete bar to action The ownership by a person of a valid reg- istration under the Act of March 3, 1881, or the Act of February 20, 1905, or on the principal register under this chapter shall be a complete bar to an action against that person, with re- spect to that mark, that— (A) is brought by another person under the common law or a statute of a State; and (B)(i) seeks to prevent dilution by blurring or dilution by tarnishment; or (ii) asserts any claim of actual or likely damage or harm to the distinctiveness or reputation of a mark, label, or form of ad- vertisement. (7) Savings clause Nothing in this subsection shall be con- strued to impair, modify, or supersede the ap- plicability of the patent laws of the United States. (d) Cyberpiracy prevention (1)(A) A person shall be liable in a civil action by the owner of a mark, including a personal Page 1324 TITLE 15—COMMERCE AND TRADE § 1125 name which is protected as a mark under this section, if, without regard to the goods or serv- ices of the parties, that person— (i) has a bad faith intent to profit from that mark, including a personal name which is pro- tected as a mark under this section; and (ii) registers, traffics in, or uses a domain name that— (I) in the case of a mark that is distinctive at the time of registration of the domain name, is identical or confusingly similar to that mark; (II) in the case of a famous mark that is famous at the time of registration of the do- main name, is identical or confusingly simi- lar to or dilutive of that mark; or (III) is a trademark, word, or name pro- tected by reason of section 706 of title 18 or section 220506 of title 36. (B)(i) In determining whether a person has a bad faith intent described under subparagraph (A), a court may consider factors such as, but not limited to— (I) the trademark or other intellectual prop- erty rights of the person, if any, in the domain name; (II) the extent to which the domain name consists of the legal name of the person or a name that is otherwise commonly used to identify that person; (III) the person’s prior use, if any, of the do- main name in connection with the bona fide offering of any goods or services; (IV) the person’s bona fide noncommercial or fair use of the mark in a site accessible under the domain name; (V) the person’s intent to divert consumers from the mark owner’s online location to a site accessible under the domain name that could harm the goodwill represented by the mark, either for commercial gain or with the intent to tarnish or disparage the mark, by creating a likelihood of confusion as to the source, sponsorship, affiliation, or endorse- ment of the site; (VI) the person’s offer to transfer, sell, or otherwise assign the domain name to the mark owner or any third party for financial gain without having used, or having an intent to use, the domain name in the bona fide offer- ing of any goods or services, or the person’s prior conduct indicating a pattern of such con- duct; (VII) the person’s provision of material and misleading false contact information when ap- plying for the registration of the domain name, the person’s intentional failure to maintain accurate contact information, or the person’s prior conduct indicating a pattern of such conduct; (VIII) the person’s registration or acquisi- tion of multiple domain names which the per- son knows are identical or confusingly similar to marks of others that are distinctive at the time of registration of such domain names, or dilutive of famous marks of others that are fa- mous at the time of registration of such do- main names, without regard to the goods or services of the parties; and (IX) the extent to which the mark incor- porated in the person’s domain name registra- tion is or is not distinctive and famous within the meaning of subsection (c). (ii) Bad faith intent described under subpara- graph (A) shall not be found in any case in which the court determines that the person believed and had reasonable grounds to believe that the use of the domain name was a fair use or other- wise lawful. (C) In any civil action involving the registra- tion, trafficking, or use of a domain name under this paragraph, a court may order the forfeiture or cancellation of the domain name or the trans- fer of the domain name to the owner of the mark. (D) A person shall be liable for using a domain name under subparagraph (A) only if that person is the domain name registrant or that reg- istrant’s authorized licensee. (E) As used in this paragraph, the term ‘‘traf- fics in’’ refers to transactions that include, but are not limited to, sales, purchases, loans, pledges, licenses, exchanges of currency, and any other transfer for consideration or receipt in exchange for consideration. (2)(A) The owner of a mark may file an in rem civil action against a domain name in the judi- cial district in which the domain name reg- istrar, domain name registry, or other domain name authority that registered or assigned the domain name is located if— (i) the domain name violates any right of the owner of a mark registered in the Patent and Trademark Office, or protected under sub- section (a) or (c); and (ii) the court finds that the owner— (I) is not able to obtain in personam juris- diction over a person who would have been a defendant in a civil action under paragraph (1); or (II) through due diligence was not able to find a person who would have been a defend- ant in a civil action under paragraph (1) by— (aa) sending a notice of the alleged viola- tion and intent to proceed under this para- graph to the registrant of the domain name at the postal and e-mail address pro- vided by the registrant to the registrar; and (bb) publishing notice of the action as the court may direct promptly after filing the action. (B) The actions under subparagraph (A)(ii) shall constitute service of process. (C) In an in rem action under this paragraph, a domain name shall be deemed to have its situs in the judicial district in which— (i) the domain name registrar, registry, or other domain name authority that registered or assigned the domain name is located; or (ii) documents sufficient to establish control and authority regarding the disposition of the registration and use of the domain name are deposited with the court. (D)(i) The remedies in an in rem action under this paragraph shall be limited to a court order for the forfeiture or cancellation of the domain name or the transfer of the domain name to the owner of the mark. Upon receipt of written noti- fication of a filed, stamped copy of a complaint filed by the owner of a mark in a United States Page 1325 TITLE 15—COMMERCE AND TRADE § 1125 district court under this paragraph, the domain name registrar, domain name registry, or other domain name authority shall— (I) expeditiously deposit with the court doc- uments sufficient to establish the court’s con- trol and authority regarding the disposition of the registration and use of the domain name to the court; and (II) not transfer, suspend, or otherwise mod- ify the domain name during the pendency of the action, except upon order of the court. (ii) The domain name registrar or registry or other domain name authority shall not be liable for injunctive or monetary relief under this paragraph except in the case of bad faith or reckless disregard, which includes a willful fail- ure to comply with any such court order. (3) The civil action established under para- graph (1) and the in rem action established under paragraph (2), and any remedy available under either such action, shall be in addition to any other civil action or remedy otherwise ap- plicable. (4) The in rem jurisdiction established under paragraph (2) shall be in addition to any other jurisdiction that otherwise exists, whether in rem or in personam. (July 5, 1946, ch. 540, title VIII, § 43, 60 Stat. 441; Pub. L. 100–667, title I, § 132, Nov. 16, 1988, 102 Stat. 3946; Pub. L. 102–542, § 3(c), Oct. 27, 1992, 106 Stat. 3568; Pub. L. 104–98, § 3(a), Jan. 16, 1996, 109 Stat. 985; Pub. L. 106–43, §§ 3(a)(2), 5, Aug. 5, 1999, 113 Stat. 219, 220; Pub. L. 106–113, div. B, § 1000(a)(9) [title III, § 3002(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A–545; Pub. L. 109–312, § 2, Oct. 6, 2006, 120 Stat. 1730; Pub. L. 112–190, § 1(a), Oct. 5, 2012, 126 Stat. 1436.) Editorial Notes REFERENCES IN TEXT Acts March 3, 1881, and February 20, 1905, referred to in subsec. (c)(2)(A)(iv), (6), are acts Mar. 3, 1881, ch. 138, 21 Stat. 502, and Feb. 20, 1905, ch. 592, 33 Stat. 724, which were repealed insofar as inconsistent with this chapter by act July 5, 1946, ch. 540, § 46(a), 60 Stat. 444. Act Feb. 20, 1905, was classified to sections 81 to 109 of this title. CONSTITUTIONALITY For information regarding the constitutionality of this section, see the Table of Laws Held Unconstitu- tional in Whole or in Part by the Supreme Court on the Constitution Annotated website, constitu- tion.congress.gov. PRIOR PROVISIONS Act Mar. 19, 1920, ch. 104, § 3, 41 Stat. 534. AMENDMENTS 2012—Subsec. (c)(6). Pub. L. 112–190 added subpars. (A) and (B) and struck out former subpars. (A) and (B) which read as follows: ‘‘(A)(i) is brought by another person under the com- mon law or a statute of a State; and ‘‘(ii) seeks to prevent dilution by blurring or dilution by tarnishment; or ‘‘(B) asserts any claim of actual or likely damage or harm to the distinctiveness or reputation of a mark, label, or form of advertisement.’’ 2006—Subsec. (c). Pub. L. 109–312, § 2(1), added subsec. (c) and struck out former subsec. (c) which related to remedies for dilution of famous marks. Subsec. (d)(1)(B)(i)(IX). Pub. L. 109–312, § 2(2), sub- stituted ‘‘subsection (c)’’ for ‘‘subsection (c)(1)’’. 1999—Subsec. (a)(3). Pub. L. 106–43, § 5, added par. (3). Subsec. (c)(2). Pub. L. 106–43, § 3(a)(2), inserted ‘‘as set forth in section 1116 of this title’’ after ‘‘relief’’ in first sentence. Subsec. (d). Pub. L. 106–113 added subsec. (d). 1996—Subsec. (c). Pub. L. 104–98 added subsec. (c). 1992—Subsec. (a). Pub. L. 102–542 designated existing provisions as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, and added par. (2). 1988—Subsec. (a). Pub. L. 100–667 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as fol- lows: ‘‘Any person who shall affix, apply, or annex, or use in connection with any goods or services, or any container or containers for goods, a false designation of origin, or any false description or representation, in- cluding words or other symbols tending falsely to de- scribe or represent the same, and shall cause such goods or services to enter into commerce, and any per- son who shall with knowledge of the falsity of such des- ignation of origin or description or representation cause or procure the same to be transported or used in commerce or deliver the same to any carrier to be transported or used, shall be liable to a civil action by any person doing business in the locality falsely indi- cated as that of origin or in the region in which said lo- cality is situated, or by any person who believes that he is or is likely to be damaged by the use of any such false description or representation.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2012 AMENDMENT Pub. L. 112–190, § 1(b), Oct. 5, 2012, 126 Stat. 1436, pro- vided that: ‘‘The amendment made by subsection (a) [amending this section] shall apply to any action com- menced on or after the date of the enactment of this Act [Oct. 5, 2012].’’ EFFECTIVE DATE OF 1999 AMENDMENT Amendment by Pub. L. 106–113 applicable to all do- main names registered before, on, or after Nov. 29, 1999, see section 1000(a)(9) [title III, § 3010] of Pub. L. 106–113, set out as a note under section 1117 of this title. EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–98, § 5, Jan. 16, 1996, 109 Stat. 987, provided that: ‘‘This Act [amending this section and section 1127 of this title and enacting provisions set out as a note under section 1051 of this title] and the amendments made by this Act shall take effect on the date of the enactment of this Act [Jan. 16, 1996].’’ EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–542 effective with respect to violations that occur on or after Oct. 27, 1992, see section 4 of Pub. L. 102–542, set out as a note under sec- tion 1114 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. 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, see notes set out under sec- tion 1051 of this title. STUDY ON ABUSIVE DOMAIN NAME REGISTRATIONS INVOLVING PERSONAL NAMES Pub. L. 106–113, div. B, § 1000(a)(9) [title III, § 3006], Nov. 29, 1999, 113 Stat. 1536, 1501A–550, provided that: ‘‘(a) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act [Nov. 29, 1999], the Secretary of Commerce, in consultation with the Pat- ent and Trademark Office and the Federal Election Page 1326 TITLE 15—COMMERCE AND TRADE § 1126 Commission, shall conduct a study and report to Con- gress with recommendations on guidelines and proce- dures for resolving disputes involving the registration or use by a person of a domain name that includes the personal name of another person, in whole or in part, or a name confusingly similar thereto, including con- sideration of and recommendations for— ‘‘(1) protecting personal names from registration by another person as a second level domain name for purposes of selling or otherwise transferring such do- main name to such other person or any third party for financial gain; ‘‘(2) protecting individuals from bad faith uses of their personal names as second level domain names by others with malicious intent to harm the reputa- tion of the individual or the goodwill associated with that individual’s name; ‘‘(3) protecting consumers from the registration and use of domain names that include personal names in the second level domain in manners which are in- tended or are likely to confuse or deceive the public as to the affiliation, connection, or association of the domain name registrant, or a site accessible under the domain name, with such other person, or as to the origin, sponsorship, or approval of the goods, services, or commercial activities of the domain name registrant; ‘‘(4) protecting the public from registration of do- main names that include the personal names of gov- ernment officials, official candidates, and potential official candidates for Federal, State, or local polit- ical office in the United States, and the use of such domain names in a manner that disrupts the elec- toral process or the public’s ability to access accu- rate and reliable information regarding such individ- uals; ‘‘(5) existing remedies, whether under State law or otherwise, and the extent to which such remedies are sufficient to address the considerations described in paragraphs (1) through (4); and ‘‘(6) the guidelines, procedures, and policies of the Internet Corporation for Assigned Names and Num- bers and the extent to which they address the consid- erations described in paragraphs (1) through (4). ‘‘(b) GUIDELINES AND PROCEDURES.—The Secretary of Commerce shall, under its Memorandum of Under- standing with the Internet Corporation for Assigned Names and Numbers, collaborate to develop guidelines and procedures for resolving disputes involving the reg- istration or use by a person of a domain name that in- cludes the personal name of another person, in whole or in part, or a name confusingly similar thereto.’’ § 1126. International conventions (a) Register of marks communicated by inter- national bureaus The Director shall keep a register of all marks communicated to him by the international bu- reaus provided for by the conventions for the protection of industrial property, trademarks, trade and commercial names, and the repression of unfair competition to which the United States is or may become a party, and upon the payment of the fees required by such conven- tions and the fees required in this chapter may place the marks so communicated upon such register. This register shall show a facsimile of the mark or trade or commercial name; the name, citizenship, and address of the registrant; the number, date, and place of the first registra- tion of the mark, including the dates on which application for such registration was filed and granted and the term of such registration; a list of goods or services to which the mark is applied as shown by the registration in the country of origin, and such other data as may be useful concerning the mark. This register shall be a continuation of the register provided in section 1(a) of the Act of March 19, 1920. (b) Benefits of section to persons whose country of origin is party to convention or treaty Any person whose country of origin is a party to any convention or treaty relating to trade- marks, trade or commercial names, or the re- pression of unfair competition, to which the United States is also a party, or extends recip- rocal rights to nationals of the United States by law, shall be entitled to the benefits of this sec- tion under the conditions expressed herein to the extent necessary to give effect to any provi- sion of such convention, treaty or reciprocal law, in addition to the rights to which any owner of a mark is otherwise entitled by this chapter. (c) Prior registration in country of origin; coun- try of origin defined No registration of a mark in the United States by a person described in subsection (b) of this section shall be granted until such mark has been registered in the country of origin of the applicant, unless the applicant alleges use in commerce. For the purposes of this section, the country of origin of the applicant is the country in which he has a bona fide and effective industrial or commercial establishment, or if he has not such an establishment the country in which he is domiciled, or if he has not a domicile in any of the countries described in subsection (b) of this section, the country of which he is a na- tional. (d) Right of priority An application for registration of a mark under section 1051, 1053, 1054, or 1091 of this title or under subsection (e) of this section, filed by a person described in subsection (b) of this sec- tion who has previously duly filed an applica- tion for registration of the same mark in one of the countries described in subsection (b) shall be accorded the same force and effect as would be accorded to the same application if filed in the United States on the same date on which the ap- plication was first filed in such foreign country: Provided, That— (1) the application in the United States is filed within six months from the date on which the application was first filed in the for- eign country; (2) the application conforms as nearly as practicable to the requirements of this chap- ter, including a statement that the applicant has a bona fide intention to use the mark in commerce; (3) the rights acquired by third parties be- fore the date of the filing of the first applica- tion in the foreign country shall in no way be affected by a registration obtained on an ap- plication filed under this subsection; (4) nothing in this subsection shall entitle the owner of a registration granted under this section to sue for acts committed prior to the date on which his mark was registered in this country unless the registration is based on use in commerce. In like manner and subject to the same condi- tions and requirements, the right provided in