TMEP 1904.01(h): May Not be Based on USPTO Basic Application or Registration

This is the October 2015 Edition of the TMEP

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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 3bis. 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.