§7.31 Requirements for transformation of an extension of protection to the United States into a U.S. application.
If the International Bureau cancels an international registration in whole or in part, under Article 6(4) of the Madrid Protocol, the holder of that international registration may file a request to transform the goods and/or services to which the cancellation applies in the corresponding pending or registered extension of protection to the United States into an application under section 1 or 44 of the Act.
- (a) The holder of the international registration must file a request for transformation within three months of the date of cancellation of the international registration and include:
- (1) The serial number or registration number of the extension of protection to the United States;
- (2) The name and address of the holder of the international registration;
- (3) Identify the goods and/or services to be transformed, if other than all the goods and/or services that have been cancelled;
- (4) The application filing fee for at least one class of goods or services required by § 2.6(a)(1) of this chapter; and
- (5) An email address for receipt of correspondence from the Office.
- (b) If the request for transformation contains all the elements set forth in paragraph (a) of this section, the extension of protection shall be transformed into an application under section 1 and/or 44 of the Act and accorded the same filing date and the same priority that was accorded to the extension of protection.
- (c) The application under section 1 and/or 44 of the Act that results from a transformed extension of protection will be examined under part 2 of this chapter.
- (d) A request for transformation that fails to contain all the elements set forth in paragraph (a) of this section will not be accepted.
[Added 68 FR 55748, Sept. 26, 2003, effective Nov. 2, 2003; amended 69 FR 57181, Sept. 24, 2004, effective Oct. 4, 2004; 80 FR 2303, Jan. 16, 2015, effective Feb. 17, 2015]