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.