TMEP 1614: Renewal of Registered Extension of Protection

This is the October 2015 Edition of the TMEP

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1614    Renewal of Registered Extension of Protection

The holder of a registered extension of protection of an international registration to the United States must renew the international registration with the IB. 37 C.F.R. §7.41(a). Renewal of international registrations is governed by Article 7 of the Madrid Protocol and Rules 29 - 31 of the Common Regs. See TMEP §1905.

Under §70(b) of the Trademark Act, 15 U.S.C. §1141j(b), and Article 3ter(2) of the Protocol, if the international registration is not renewed, the IB will notify the USPTO that the registration has expired. The corresponding extension of protection to the United States will expire as of the expiration date of the international registration. The USPTO will cancel the extension of protection.

Section 9 of the Trademark Act, 15 U.S.C. §1069, does not require renewal of a registered extension of protection with the USPTO. However, the holder must file affidavits or declarations of use or excusable nonuse under §71 of the Trademark Act, 15 U.S.C. §1141k. See TMEP §1613.