Page:United States Statutes at Large Volume 116 Part 3.djvu/324

 116 STAT. 1916 PUBLIC LAW 107-273—NOV. 2, 2002 registration which is the basis for the international application has been restricted, abandoned, or canceled, or has expired, with respect to some or all of the goods and services listed in the international registration— "(1) within 5 years after the international registration date; or "(2) more than 5 years after the international registration date if the restriction, abandonment, or cancellation of the basic application or basic registration resulted from an action that began before the end of that 5-year period. 15 USC 1141d. "SEC. 64. REQUEST FOR EXTENSION OF PROTECTION SUBSEQUENT TO INTERNATIONAL REGISTRATION. "The holder of an international registration that is based upon a basic application filed with the United States Patent and Trademark Office or a basic registration granted by the Patent and Trademark Office may request an extension of protection of its international registration by filing such a request— "(1) directly with the International Bureau; or "(2) with the United States Patent and Trademark Office for transmittal to the International Bureau, if the request is in such form, and contains such transmittal fee, as may be prescribed by the Director. 15 USC 1141e. "SEC. 65. EXTENSION OF PROTECTION OF AN INTERNATIONAL REG- ISTRATION TO THE UNITED STATES UNDER THE MADRID PROTOCOL. "(a) IN GENERAL.—Subject to the provisions of section 68, the holder of an international registration shall be entitled to the benefits of extension of protection of that international registration to the United States to the extent necessary to give effect to any provision of the Madrid Protocol. "(b) IF THE UNITED STATES IS OFFICE OF OmoiN.Where the United States Patent and Trademark Office is the office of origin for a trademark application or registration, any international registration based on such application or registration cannot be used to obtain the benefits of the Madrid Protocol in the United States. 15 USC 1141f. "SEC. 66. EFFECT OF FILING A REQUEST FOR EXTENSION OF PROTEC- TION OF AN INTERNATIONAL REGISTRATION TO THE UNITED STATES. "(a) REQUIREMENT FOR REQUEST FOR EXTENSION OF PROTEC- TION. —^A request for extension of protection of an international registration to the United States that the International Bureau transmits to the United States Patent and Trademark Office shall be deemed to be properly filed in the United States if such request, when received by the International Bureau, has attached to it a declaration of bona fide intention to use the mark in commerce that is verified by the applicant for, or holder of, the international registration. "(b) EFFECT OF PROPER FILING.— Unless extension of protection is refused under section 68, the proper filing of the request for extension of protection under subsection (a) shall constitute constructive use of the mark, conferring the same rights as those specified in section 7(c), as of the earliest of the following: "(1) The international registration date, if the request for extension of protection was filed in the international application.

�