15 USC 1141 - Definitions

U.S Code last checked for updates: May 01, 2024

§ 1141.

Definitions

In this subchapter:

(1)

Basic application

(2)

Basic registration

(3)

Contracting Party

(4)

Date of recordal

(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

(7)

Holder of an international registration

(8)

International application

(9)

International Bureau

(10)

International Register

(11)

International registration

(12)

International registration date

(13)

Madrid Protocol

(14)

Notification of refusal

(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

(17)

Opposition period

(July 5, 1946, ch. 540, title XII, § 60, as added Pub. L. 107–273, div. C, title III, § 13402, Nov. 2, 2002, 116 Stat. 1913.)

cite as: 15 USC 1141