15 USC 1141k - Duration, affidavits and fees

U.S Code last checked for updates: Nov 26, 2024

§ 1141k.

Duration, affidavits and fees

(a)

Time periods for required affidavits

Each extension of protection for which a certificate has been issued under section 1141i of this title 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)

be accompanied by the fee prescribed by the Director; or

(2)

(A)

set forth the goods and services recited in the extension of protection 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

(d)

Notice of requirement

(e)

Notification of acceptance or refusal

(f)

Designation of resident for service of process and notices

(July 5, 1946, ch. 540, title XII, § 71, as added Pub. L. 107–273, div. C, title III, § 13402, Nov. 2, 2002, 116 Stat. 1919; amended Pub. L. 111–146, § 3(d)(2), Mar. 17, 2010, 124 Stat. 68.)

cite as: 15 USC 1141k