1904.01(h) May Not be Based on USPTO Basic Application or Registration
An international registration in which the United States is the Office of Origin (i.e., an international registration based on a basic application pending in the USPTO or a basic registration issued by the USPTO) may not be used to obtain an extension of protection to the United States. 15 U.S.C. §1141e(b); Article 3 bis. The IB will not send a request for extension of protection to the United States if the international registration is based on a USPTO basic application and/or registration.