Page:United States Statutes at Large Volume 102 Part 4.djvu/966

 102 STAT. 3936

PUBLIC LAW 100-667—NOV. 16, 1988

commerce may apply to roister the trademark under this Act on the principal roister hereby established: "(1) By filing in the Patent and Trademark Office— "(A) a written application, in such form as may be prescribed by the Commissioner, verified by the applicant, or by a member of the firm or an officer of the corporation or association applying, specifying applicant's domicile and citizenship, applicant's bona fide intention to use the mark in conmierce, the goods on or in connection with which the applicant has a bona fide intention to use the mark and the mode or manner in which the mark is intended to be used on or in connection with such goods, including a statement to the effect that the person making the verification believes himself or herself, or the firm, corporation, or association in whose behalf he or she makes the verification, to be entitled to use the mark in commerce, and that 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 conmierce 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, to cause confusion, or to cause mistake, or to deceive; however, except for applications filed pursuant to section 44, no mark shall be roistered until the applicant has met the requirements of subsection (d) of this section; and "(B) a drawing of the mark. "(2) By paying in the Patent and Trademark Office the prescribed fee. "(3) By (X)mplying with such rules or r^ulations, not inconsistent with law, as may be prescribed by the Commissioner. "(c) At any time during examination of an application filed under subsection (b), an applicant who has made use of the mark in commerce may claim the benefits of such use for purposes of this Act, by amending his or her application to bring it into conformity with the requirements of subsection (a). "(d)(1) Within six months after the date on which the notice of allowance with respect to a mark is issued under section 13(bK2) 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 Commissioner and payment of the prescribed fee, a verified statement that the mark is in use in commerce and spedfying the date of the applicant's first use of the mark in commerce, those goods or services specified in the notice of allowance on or in connection with which the mark is used in commerce, and the mode or maimer in which the mark is used on or in connection with such goods or services. Subject to examination and acceptance of the statement of use, the mark shall be roistered in the Patent and Trademark Office, a certificate of r^istration shall be issued for those goods or services recited in the statement of use for which the mark is entitled to r^istration, and notice of r^istration shall be publi^ed 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 2. The

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