15 U.S.C. § 1141 : US Code - Section 1141: Definitions

Search 15 U.S.C. § 1141 : US Code - Section 1141: Definitions

In this subchapter:
(1) Basic application
The term "basic application" means the application for the
registration of a mark that has been filed with an Office of a
Contracting Party and that constitutes the basis for an
application for the international registration of that mark.
(2) Basic registration
The term "basic registration" means the registration of a mark
that has been granted by an Office of a Contracting Party and
that constitutes the basis for an application for the
international registration of that mark.
(3) Contracting Party
The term "Contracting Party" means any country or inter-
governmental organization that is a party to the Madrid
Protocol.
(4) Date of recordal
The term "date of recordal" means the date on which a request
for extension of protection, filed after an international
registration is granted, is recorded on the International
Register.
(5) Declaration of bona fide intention to use the mark in
commerce
The term "declaration of bona fide intention to use the mark in
commerce" means a declaration that is signed by the applicant
for, or holder of, an international registration who is seeking
extension of protection of a mark to the United States and that
contains a statement that -
(A) the applicant or holder has a bona fide intention to use
the mark in commerce;
(B) the person making the declaration believes himself or
herself, or the firm, corporation, or association in whose
behalf he or she makes the declaration, to be entitled to use
the mark in commerce; and
(C) no other person, firm, corporation, or association, to
the best of his or her knowledge and belief, has the right to
use such mark in commerce either in the identical form of the
mark or in such near resemblance to the mark as to be likely,
when used on or in connection with the goods of such other
person, firm, corporation, or association, to cause confusion,
mistake, or deception.
(6) Extension of protection
The term "extension of protection" means the protection
resulting from an international registration that extends to the
United States at the request of the holder of the international
registration, in accordance with the Madrid Protocol.
(7) Holder of an international registration
A "holder" of an international registration is the natural or
juristic person in whose name the international registration is
recorded on the International Register.
(8) International application
The term "international application" means an application for
international registration that is filed under the Madrid
Protocol.
(9) International Bureau
The term "International Bureau" means the International Bureau
of the World Intellectual Property Organization.
(10) International Register
The term "International Register" means the official collection
of data concerning international registrations maintained by the
International Bureau that the Madrid Protocol or its implementing
regulations require or permit to be recorded.
(11) International registration
The term "international registration" means the registration of
a mark granted under the Madrid Protocol.
(12) International registration date
The term "international registration date" means the date
assigned to the international registration by the International
Bureau.
(13) Madrid Protocol
The term "Madrid Protocol" means the Protocol Relating to the
Madrid Agreement Concerning the International Registration of
Marks, adopted at Madrid, Spain, on June 27, 1989.
(14) Notification of refusal
The term "notification of refusal" means the notice sent by the
United States Patent and Trademark Office to the International
Bureau declaring that an extension of protection cannot be
granted.
(15) Office of a Contracting Party
The term "Office of a Contracting Party" means -
(A) the office, or governmental entity, of a Contracting
Party that is responsible for the registration of marks; or
(B) the common office, or governmental entity, of more than 1
Contracting Party that is responsible for the registration of
marks and is so recognized by the International Bureau.
(16) Office of origin
The term "office of origin" means the Office of a Contracting
Party with which a basic application was filed or by which a
basic registration was granted.
(17) Opposition period
The term "opposition period" means the time allowed for filing
an opposition in the United States Patent and Trademark Office,
including any extension of time granted under section 1063 of
this title.