T.M.E.P. § 1602.01
Act of 1946
Executive summary:
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1602.01 Act of 1946
Registrations Resulting From Applications Under §1 and §44
The Trademark Law Revision Act of 1988, Pub. L. No. 100-667, 102 Stat. 3935, which took effect on November 16, 1989, amended §9 of the Trademark Act of 1946 to reduce both the duration of registration and the term of renewal from twenty to ten years. All registrations issued or renewed on or after November 16, 1989 are issued or renewed for a ten-year period.
Thus, registrations issued under the Act of 1946 on or after November 16, 1989, remain in force for ten years, provided that affidavits of use or excusable nonuse are filed under §8 of the Act. 37 C.F.R. 2.181(a)(2). See 37 C.F.R. 2.160(a) and TMEP §1604.04 regarding the due dates for affidavits of use or excusable nonuse. Registrations issued under the Act of 1946 before November 16, 1989, remain in force for twenty years, provided that an affidavit or declaration of use or excusable nonuse was filed during the sixth year after the date of registration. 37 C.F.R. 2.181(a)(1). See TMEP §§1604 et seq. regarding affidavits of use under §8 of the 1946 Act.
Effective November 16, 1989, registrations under the Act of 1946 may be renewed for periods of ten years from the end of the expiring period. 37 C.F.R. 2.181(a). Before November 16, 1989, registrations under the Act of 1946 were renewed for 20-year periods. The applicable term for renewals that were processed during the transition depends on whether the USPTO granted renewal before or after November 16, 1989. If the USPTO granted renewal before November 16, 1989, the renewal term is twenty years; if the USPTO granted renewal on or after November 16, 1989, the renewal term is ten years. In re Maytag Corp., 21 USPQ2d 1615 (Comm'r Pats. 1991). See TMEP §§1606 et seq. regarding renewal under §9 of the 1946 Act.
Registered Extensions of Protection
Section 9 of the Trademark Act does not apply to registered extensions of protection of international registrations to the United States. Renewal of an international registration and its corresponding extension of protection to the United States must be made at the International Bureau of the World Intellectual Property Organization ("IB"), in accordance with Article 7 of the Madrid Protocol. 37 C.F.R. 7.41(a). See TMEP §1614 for further information about renewal of international registrations.
Section 71 of the Act requires the periodic filing of affidavits of use in commerce or excusable nonuse for registered extensions of protection. See TMEP §1613 regarding due dates and requirements for §71 affidavits.