§ 1057.
(c)
Application to register mark considered constructive use
Contingent on the registration of a mark on the principal register provided by this chapter, the filing of the application to register such mark shall constitute constructive use of the mark, conferring a right of priority, nationwide in effect, on or in connection with the goods or services specified in the registration against any other person except for a person whose mark has not been abandoned and who, prior to such filing—
(2)
has filed an application to register the mark which is pending or has resulted in registration of the mark; or
(3)
has filed a foreign application to register the mark on the basis of which he or she has acquired a right of priority, and timely files an application under
section 1126(d) of this title to register the mark which is pending or has resulted in registration of the mark.
([July 5, 1946, ch. 540], title I, § 7, [60 Stat. 430]; [Aug. 17, 1950, ch. 733], [64 Stat. 459]; [Pub. L. 87–772, § 4], Oct. 9, 1962, [76 Stat. 769]; [Pub. L. 93–596, § 1], Jan. 2, 1975, [88 Stat. 1949]; [Pub. L. 100–667, title I, § 109], Nov. 16, 1988, [102 Stat. 3938]; [Pub. L. 105–330, title II, § 201(a)(3)], Oct. 30, 1998, [112 Stat. 3070]; [Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(b)(1)(B)]], Nov. 29, 1999, [113 Stat. 1536], 1501A–583; [Pub. L. 111–146, § 3(a)], Mar. 17, 2010, [124 Stat. 66].)