Page:United States Statutes at Large Volume 112 Part 5.djvu/308

 112 STAT. 3066 PUBLIC LAW 105-330 —OCT. 30, 1998 shall promulgate rules prescribing the requirements for the application and for obtaining a filing date herein.". (c) CONSEQUENCE OF DELAYS.— Paragraph (4) of section 1(d) of the Trademark Act of 1946 (15 U.S.C. 1051(d)(4)) is amended to read as follows: "(4) The failure to timely file a verified statement of use under paragraph (1) or an extension request under paragraph (2) shall result in abandonment of the application, unless it can be shown to the satisfaction of the Commissioner that the delay in responding was unintentional, in which case the time for filing may be extended, but for a period not to exceed the period specified in paragraphs (1) and (2) for filing a statement of use.". SEC. 104. REVIVAL OF ABANDONED APPLICATION. Section 12(b) of the Trademark Act of 1946 (15 U.S.C. 1062(b)) is amended in the last sentence by striking "unavoidable" and by inserting "unintentional". SEC. 105. DURATION OF REGISTRATION; CANCELLATION; AFFIDAVIT OF CONTINUED USE; NOTICE OF COMMISSIONER'S ACTION. Section 8 of the Trademark Act of 1946 (15 U.S.C. 1058) is amended to read as follows: "DURATION "SEC. 8. (a) Each registration shall remain in force for 10 years, except that the registration of any mark shall be canceled by the Commissioner for failure to comply with the provisions of subsection (b) of this section, upon the expiration of the following time periods, as applicable: "(1) For registrations issued pursuant to the provisions of this Act, at the end of 6 years following the date of registration. "(2) For registrations published under the provisions of section 12(c), at the end of 6 years following the date of publication under such section. "(3) For all registrations, at the end of each successive 10-year period following the date of registration. "(b) During the 1-year period immediately preceding the end of the applicable time period set forth in subsection (a), the owner of the registration shall pay the prescribed fee and file in the Patent and Trademark Office— "(1) an affidavit setting forth those goods or services recited in the registration on or in connection with which the mark is in use in commerce and such number of specimens or facsimiles showing current use of the mark as may be required by the Commissioner; or "(2) an affidavit setting forth those goods or services recited in the registration on or in connection with which the mark is not in use in commerce and showing that any such nonuse is due to special circumstances which excuse such nonuse and is not due to any intention to abandon the mark. "(c)(1) The owner of the registration may make the submissions required under this section within a grace period of 6 months after the end of the applicable time period set forth in subsection (a). Such submission is required to be accompemied by a surcharge prescribed by the Commissioner.

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