2015 US Code
Title 15 - Commerce and Trade (Sections 1 - 8405)
Chapter 22 - Trademarks (Sections 1051 - 1141n)
Subchapter IV - The Madrid Protocol (Sections 1141 - 1141n)
Sec. 1141f - Effect of filing a request for extension of protection of an international registration to the United States

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Publication TitleUnited States Code, 2012 Edition, Supplement 3, Title 15 - COMMERCE AND TRADE
CategoryBills and Statutes
CollectionUnited States Code
SuDoc Class NumberY 1.2/5:
Contained WithinTitle 15 - COMMERCE AND TRADE
CHAPTER 22 - TRADEMARKS
SUBCHAPTER IV - THE MADRID PROTOCOL
Sec. 1141f - Effect of filing a request for extension of protection of an international registration to the United States
Containssection 1141f
Date2015
Laws In Effect As Of DateJanuary 3, 2016
Positive LawNo
Dispositionstandard
Source CreditJuly 5, 1946, ch. 540, title XII, §66, as added Pub. L. 107-273, div. C, title III, §13402, Nov. 2, 2002, 116 Stat. 1916.
Statutes at Large Reference116 Stat. 1916
Public and Private LawPublic Law 107-273

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15 U.S.C. § 1141f (2015)

§1141f. Effect of filing a request for extension of protection of an international registration to the United States

(a) Requirement for request for extension of protection

A request for extension of protection of an international registration to the United States that the International Bureau transmits to the United States Patent and Trademark Office shall be deemed to be properly filed in the United States if such request, when received by the International Bureau, has attached to it a declaration of bona fide intention to use the mark in commerce that is verified by the applicant for, or holder of, the international registration.

(b) Effect of proper filing

Unless extension of protection is refused under section 1141h of this title, the proper filing of the request for extension of protection under subsection (a) shall constitute constructive use of the mark, conferring the same rights as those specified in section 1057(c) of this title, as of the earliest of the following:

(1) The international registration date, if the request for extension of protection was filed in the international application.

(2) The date of recordal of the request for extension of protection, if the request for extension of protection was made after the international registration date.

(3) The date of priority claimed pursuant to section 1141g of this title.

(July 5, 1946, ch. 540, title XII, §66, as added Pub. L. 107–273, div. C, title III, §13402, Nov. 2, 2002, 116 Stat. 1916.)

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