15 U.S.C. § 1051 : US Code - Section 1051: Application for registration; verification

Search 15 U.S.C. § 1051 : US Code - Section 1051: Application for registration; verification

(a) Application for use of trademark
(1) The owner of a trademark used in commerce may request
registration of its trademark on the principal register hereby
established by paying the prescribed fee and filing in the Patent
and Trademark Office an application and a verified statement, in
such form as may be prescribed by the Director, and such number of
specimens or facsimiles of the mark as used as may be required by
the Director.
(2) The application shall include specification of the
applicant's domicile and citizenship, the date of the applicant's
first use of the mark, the date of the applicant's first use of the
mark in commerce, the goods in connection with which the mark is
used, and a drawing of the mark.
(3) The statement shall be verified by the applicant and specify
that -
(A) the person making the verification believes that he or she,
or the juristic person in whose behalf he or she makes the
verification, to be the owner of the mark sought to be
registered;
(B) to the best of the verifier's knowledge and belief, the
facts recited in the application are accurate;
(C) the mark is in use in commerce; and
(D) to the best of the verifier's knowledge and belief, no
other person has the right to use such mark in commerce either in
the identical form thereof or in such near resemblance thereto as
to be likely, when used on or in connection with the goods of
such other person, to cause confusion, or to cause mistake, or to
deceive, except that, in the case of every application claiming
concurrent use, the applicant shall -
(i) state exceptions to the claim of exclusive use; and
(ii) shall (!1) specify, to the extent of the verifier's
knowledge -
(I) any concurrent use by others;
(II) the goods on or in connection with which and the areas
in which each concurrent use exists;
(III) the periods of each use; and
(IV) the goods and area for which the applicant desires
registration.
(4) The applicant shall comply with such rules or regulations as
may be prescribed by the Director. The Director shall promulgate
rules prescribing the requirements for the application and for
obtaining a filing date herein.
(b) Application for bona fide intention to use trademark
(1) A person who has a bona fide intention, under circumstances
showing the good faith of such person, to use a trademark in
commerce may request registration of its trademark on the principal
register hereby established by paying the prescribed fee and filing
in the Patent and Trademark Office an application and a verified
statement, in such form as may be prescribed by the Director.
(2) The application shall include specification of the
applicant's domicile and citizenship, the goods in connection with
which the applicant has a bona fide intention to use the mark, and
a drawing of the mark.
(3) The statement shall be verified by the applicant and specify -

(A) that the person making the verification believes that he or
she, or the juristic person in whose behalf he or she makes the
verification, to be entitled to use the mark in commerce;
(B) the applicant's bona fide intention to use the mark in
commerce;
(C) that, to the best of the verifier's knowledge and belief,
the facts recited in the application are accurate; and
(D) that, to the best of the verifier's knowledge and belief,
no other person has the right to use such mark in commerce either
in the identical form thereof or in such near resemblance thereto
as to be likely, when used on or in connection with the goods of
such other person, to cause confusion, or to cause mistake, or to
deceive.
Except for applications filed pursuant to section 1126 of this
title, no mark shall be registered until the applicant has met the
requirements of subsections (c) and (d) of this section.
(4) The applicant shall comply with such rules or regulations as
may be prescribed by the Director. The Director shall promulgate
rules prescribing the requirements for the application and for
obtaining a filing date herein.
(c) Amendment of application under subsection (b) to conform to
requirements of subsection (a)
At any time during examination of an application filed under
subsection (b) of this section, an applicant who has made use of
the mark in commerce may claim the benefits of such use for
purposes of this chapter, by amending his or her application to
bring it into conformity with the requirements of subsection (a) of
this section.
(d) Verified statement that trademark is used in commerce
(1) Within six months after the date on which the notice of
allowance with respect to a mark is issued under section 1063(b)(2)
of this title to an applicant under subsection (b) of this section,
the applicant shall file in the Patent and Trademark Office,
together with such number of specimens or facsimiles of the mark as
used in commerce as may be required by the Director and payment of
the prescribed fee, a verified statement that the mark is in use in
commerce and specifying the date of the applicant's first use of
the mark in commerce and those goods or services specified in the
notice of allowance on or in connection with which the mark is used
in commerce. Subject to examination and acceptance of the statement
of use, the mark shall be registered in the Patent and Trademark
Office, a certificate of registration shall be issued for those
goods or services recited in the statement of use for which the
mark is entitled to registration, and notice of registration shall
be published in the Official Gazette of the Patent and Trademark
Office. Such examination may include an examination of the factors
set forth in subsections (a) through (e) of section 1052 of this
title. The notice of registration shall specify the goods or
services for which the mark is registered.
(2) The Director shall extend, for one additional 6-month period,
the time for filing the statement of use under paragraph (1), upon
written request of the applicant before the expiration of the 6-
month period provided in paragraph (1). In addition to an
extension under the preceding sentence, the Director may, upon a
showing of good cause by the applicant, further extend the time for
filing the statement of use under paragraph (1) for periods
aggregating not more than 24 months, pursuant to written request of
the applicant made before the expiration of the last extension
granted under this paragraph. Any request for an extension under
this paragraph shall be accompanied by a verified statement that
the applicant has a continued bona fide intention to use the mark
in commerce and specifying those goods or services identified in
the notice of allowance on or in connection with which the
applicant has a continued bona fide intention to use the mark in
commerce. Any request for an extension under this paragraph shall
be accompanied by payment of the prescribed fee. The Director shall
issue regulations setting forth guidelines for determining what
constitutes good cause for purposes of this paragraph.
(3) The Director shall notify any applicant who files a statement
of use of the acceptance or refusal thereof and, if the statement
of use is refused, the reasons for the refusal. An applicant may
amend the statement of use.
(4) The failure to timely file a verified statement of use under
paragraph (1) or an extension request under paragraph (2) shall
result in abandonment of the application, unless it can be shown to
the satisfaction of the Director that the delay in responding was
unintentional, in which case the time for filing may be extended,
but for a period not to exceed the period specified in paragraphs
(1) and (2) for filing a statement of use.
(e) Designation of resident for service of process and notices
If the applicant is not domiciled in the United States the
applicant may designate, by a document filed in the United States
Patent and Trademark Office, the name and address of a person
resident in the United States on whom may be served notices or
process in proceedings affecting the mark. Such notices or process
may be served upon the person so designated by leaving with that
person or mailing to that person a copy thereof at the address
specified in the last designation so filed. If the person so
designated cannot be found at the address given in the last
designation, or if the registrant does not designate by a document
filed in the United States Patent and Trademark Office the name and
address of a person resident in the United States on whom may be
served notices or process in proceedings affecting the mark, such
notices or process may be served on the Director.