TMEP 1616: Replacement

October 2017 Edition of the TMEP

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1616    Replacement

If a United States national registration and a subsequently issued certificate of extension of protection of an international registration to the United States are (1) owned by the same person, (2) identify the same mark, and (3) list the same goods or services, the extension of protection shall have the same rights as those accrued to the United States national registration at the time the certificate of extension of protection issues.  Section 74 of the Trademark Act, 15 U.S.C. §1141n;  37 C.F.R. §7.28(a); Article 4bis.  See TMEP §1904.12 for further information on requests to note replacement of a United States national registration with a registered extension of protection.  All requests to note replacements should be directed to the Madrid Processing Unit.