§ 1126.
(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 section who has previously duly filed an application 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 application 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 foreign country;
(2)
the application conforms as nearly as practicable to the requirements of this chapter, including a statement that the applicant has a bona fide intention to use the mark in commerce;
(3)
the rights acquired by third parties before the date of the filing of the first application in the foreign country shall in no way be affected by a registration obtained on an application 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 conditions and requirements, the right provided in this section may be based upon a subsequent regularly filed application in the same foreign country, instead of the first filed foreign application: Provided, That any foreign application filed prior to such subsequent application has been withdrawn, abandoned, or otherwise disposed of, without having been laid open to public inspection and without leaving any rights outstanding, and has not served, nor thereafter shall serve, as a basis for claiming a right of priority.
([July 5, 1946, ch. 540], title IX, § 44, [60 Stat. 441]; [Pub. L. 87–333, § 2], Oct. 3, 1961, [75 Stat. 748]; [Pub. L. 87–772, § 20], Oct. 9, 1962, [76 Stat. 774]; [Pub. L. 100–667, title I, § 133], Nov. 16, 1988, [102 Stat. 3946]; [Pub. L. 105–330, title I, § 108], Oct. 30, 1998, [112 Stat. 3068]; [Pub. L. 106–43, § 6(b)], Aug. 5, 1999, [113 Stat. 220]; [Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(b)(1)(B)]], Nov. 29, 1999, [113 Stat. 1536], 1501A–583; [Pub. L. 107–273, div. C, title III, § 13207(b)(12)], Nov. 2, 2002, [116 Stat. 1908].)