15 U.S.C. § 1141f — Effect of filing a request for extension of

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 the basic application or basic registration resulted from an action that began before the end of that 5-year pe- riod. (July 5, 1946, ch. 540, title XII, § 63, as added Pub. L. 107–273, div. C, title III, § 13402, Nov. 2, 2002, 116 Stat. 1915.) § 1141d. Request for extension of protection sub- sequent to international registration The holder of an international registration that is based upon a basic application filed with the United States Patent and Trademark Office or a basic registration granted by the Patent and Trademark Office may request an extension of protection of its international registration by filing such a request— (1) directly with the International Bureau; or (2) with the United States Patent and Trade- mark Office for transmittal to the Inter- national Bureau, if the request is in such form, and contains such transmittal fee, as may be prescribed by the Director. (July 5, 1946, ch. 540, title XII, § 64, as added Pub. L. 107–273, div. C, title III, § 13402, Nov. 2, 2002, 116 Stat. 1916.) § 1141e. Extension of protection of an inter- national registration to the United States under the Madrid Protocol (a) In general Subject to the provisions of section 1141h of this title, the holder of an international reg- istration shall be entitled to the benefits of ex- tension of protection of that international reg- istration to the United States to the extent nec- essary to give effect to any provision of the Ma- drid Protocol. (b) If the United States is office of origin Where the United States Patent and Trade- mark Office is the office of origin for a trade- mark application or registration, any inter- national registration based on such application or registration cannot be used to obtain the ben- efits of the Madrid Protocol in the United States. (July 5, 1946, ch. 540, title XII, § 65, as added Pub. L. 107–273, div. C, title III, § 13402, Nov. 2, 2002, 116 Stat. 1916.) § 1141f. Effect of filing a request for extension of protection of an international registration to the United States (a) Requirement for request for extension of pro- tection 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 appli- cant for, or holder of, the international registra- tion. (b) Effect of proper filing Unless extension of protection is refused under section 1141h of this title, 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, 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 ex- tension of protection, if the request for exten- sion of protection was made after the inter- national registration date. (3) The date of priority claimed pursuant to section 1141g of this title. (July 5, 1946, ch. 540, title XII, § 66, as added Pub. L. 107–273, div. C, title III, § 13402, Nov. 2, 2002, 116 Stat. 1916.) § 1141g. Right of priority for request for exten- sion of protection to the United States The holder of an international registration with a request for an extension of protection to