1605.01 Registrations to Which §15 Affidavit or Declaration Pertains
The provisions of §15 of the Trademark Act apply only to registrations issued on the Principal Register under the Act of 1946 and to registrations issued under the Acts of 1905 and 1881 that have been “published” under §12(c) of the Act, 15 U.S.C. §1062(c). See TMEP §1603 regarding §12(c).
A §15 affidavit or declaration may be filed for a registered extension of protection of an international registration to the United States. Section 73 of the Trademark Act, 15 U.S.C. §1141m.
Section 15 affidavits or declarations may not be filed for marks registered on the Supplemental Register of the Act of 1946, marks registered under the Act of 1920, or marks registered under the Acts of 1905 and 1881 for which the benefits of the Act of 1946 have not been claimed under §12(c). If a §15 affidavit or declaration is filed for a registration that is not eligible for the benefits of §15, the USPTO will not review it and will refund the filing fee.