15 U.S.C. § 1141k : US Code - Section 1141K: Affidavits and fees

Search 15 U.S.C. § 1141k : US Code - Section 1141K: Affidavits and fees

(a) Required affidavits and fees
An extension of protection for which a certificate of extension
of protection has been issued under section 1141i of this title
shall remain in force for the term of the international
registration upon which it is based, except that the extension of
protection of any mark shall be canceled by the Director -
(1) at the end of the 6-year period beginning on the date on
which the certificate of extension of protection was issued by
the Director, unless within the 1-year period preceding the
expiration of that 6-year period the holder of the international
registration files in the Patent and Trademark Office an
affidavit under subsection (b) of this section together with a
fee prescribed by the Director; and
(2) at the end of the 10-year period beginning on the date on
which the certificate of extension of protection was issued by
the Director, and at the end of each 10-year period thereafter,
unless -
(A) within the 6-month period preceding the expiration of
such 10-year period the holder of the international
registration files in the United States Patent and Trademark
Office an affidavit under subsection (b) of this section
together with a fee prescribed by the Director; or
(B) within 3 months after the expiration of such 10-year
period, the holder of the international registration files in
the Patent and Trademark Office an affidavit under subsection
(b) of this section together with the fee described in
subparagraph (A) and the surcharge prescribed by the Director.
(b) Contents of affidavit
The affidavit referred to in subsection (a) of this section shall
set forth those goods or services recited in the extension of
protection on or in connection with which the mark is in use in
commerce and the holder of the international registration shall
attach to the affidavit a specimen or facsimile showing the current
use of the mark in commerce, or shall set forth that any nonuse is
due to special circumstances which excuse such nonuse and is not
due to any intention to abandon the mark. Special notice of the
requirement for such affidavit shall be attached to each
certificate of extension of protection.
(c) Notification
The Director shall notify the holder of the international
registration who files 1 of the affidavits of the Director's
acceptance or refusal thereof and, in case of a refusal, the
reasons therefor.
(d) Service of notice or process
The holder of the international registration of the mark may
designate, by a document filed in the United States Patent and
Trademark Office, the name and address of a person residing in the
United States on whom notices or process in proceedings affecting
the mark may be served. 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 designated cannot be found at
the address given in the last designation, or if the holder does
not designate by a document filed in the United States Patent and
Trademark Office the name and address of a person residing in the
United States for service of notices or process in proceedings
affecting the mark, the notice or process may be served on the
Director.