15 USC 1141f
Effect of filing a request for extension of protection of an international registration to the Unit

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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§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 protection. 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 applicant for, or holder of, the international registration.

(b)

Effect of proper filing. Unless extension of protection is refused under section 68 [15 USC 1141h], 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 7(c) [15 USC 1057(c)], 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 extension of protection, if the request for extension of protection was made after the international registration date.

(3)

The date of priority claimed pursuant to section 67 [15 USC 1141g].