15 USC 1062
This document contains one section of the U.S. Trademark Act (found in Title 15 of the United States Code). This page was last updated in November 2005. All of the sections of the Trademark Act are listed on the Index page. A word index is also available.
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Examination and publication. Upon the filing of an application for registration and payment of the prescribed fee, the Director shall refer the application to the examiner in charge of the registration of marks, who shall cause an examination to be made and, if on such examination it shall appear that the applicant is entitled to registration, or would be entitled to registration upon the acceptance of the statement of use required by section 1(d) of this Act [15 USC 1051(d)
], the Director shall cause the mark to be published in the Official Gazette of the Patent and Trademark Office; Provided, That in the case of an applicant claiming concurrent use, or in the case of an application to be placed in an interference as provided in section 16 of this Act [15 USC 1066
], the mark if otherwise registrable, may be published subject to the determination of the rights of the parties to such proceedings.
Refusal of registration; amendment of application; abandonment. If the applicant is found not entitled to registration, the examiner shall advise the applicant thereof and of the reasons therefor. The applicant shall have a period of six months in which to reply or amend his application, which shall then be reexamined. This procedure may be repeated until (1) the examiner finally refuses registration of the mark or (2) the applicant fails for a period of six months to reply or amend or appeal, whereupon the application shall be deemed to have been abandoned, unless it can be shown to the satisfaction of the Director that the delay in responding was unintentional, whereupon such time may be extended.
Republication of marks registered under prior acts. A registrant of a mark registered under the provisions of the Act of March 3, 1881, or the Act of February 20, 1905, may, at any time prior to the expiration of the registration thereof, upon the payment of the prescribed fee file with the Director an affidavit setting forth those goods stated in the registration on which said mark is in use in commerce and that the registrant claims the benefits of this Act for said mark. The Director shall publish notice thereof with a reproduction of said mark in the Official Gazette, and notify the registrant of such publication and of the requirement for the affidavit of use or nonuse as provided for in subsection (b) of Section 8 of this Act [15 USC 1058(b)
]. Marks published under this subsection shall not be subject to the provisions of section 13 of this Act [15 USC 1063