Page:United States Statutes at Large Volume 116 Part 3.djvu/325

 PUBLIC LAW 107-273—NOV. 2, 2002 116 STAT. 1917 "(2) The date of recordal of the request for extension of protection, if the request for extension of protection was made after the international registration date. "(3) The date of priority claimed pursuant to section 67. "SEC. 67. RIGHT OF PRIORITY FOR REQUEST FOR EXTENSION OF 15 USC 1141g. PROTECTION TO THE UNITED STATES. "The holder of an international registration with a request for an extension of protection to the United States shall be entitled to claim a date of priority based on a right of priority within the meaning of Article 4 of the Paris Convention for the Protection of Industrial Property if— "(1) the request for extension of protection contains a claim of priority; and "(2) the date of international registration or the date of the recordal of the request for extension of protection to the United States is not later than 6 months after the date of the first regular national filing (within the meaning of Article 4(A)(3) of the Paris Convention for the Protection of Industrial Property) or a subsequent application (within the meaning of Article 4(C)(4) of the Paris Convention for the Protection of Industrial Property). "SEC. 68. EXAMINATION OF AND OPPOSITION TO REQUEST FOR EXTEN- 15 USC 1141h. SION OF PROTECTION; NOTIFICATION OF REFUSAL. "(a) EXAMINATION AND OPPOSITION.—(1) A request for extension of protection described in section 66(a) shall be examined as an application for registration on the Principal Register under this Act, and if on such examination it appears that the applicant is entitled to extension of protection under this title, the Director shall cause the mark to be published in the Official Gazette of the United States Patent and Trademark Office. "(2) Subject to the provisions of subsection (c), a request for extension of protection under this title shall be subject to opposition under section 13. "(3) Extension of protection shall not be refused on the ground that the mark has not been used in commerce. "(4) Extension of protection shall be refused to any mark not registrable on the Principal Register. "(b) NOTIFICATION OF REFUSAL.— If, a request for extension of protection is refused under subsection (a), the Director shall declare in a notification of refusal (as provided in subsection (c)) that the extension of protection cannot be granted, together with a statement of all grounds on which the refusal was based. "(c) NOTICE TO INTERNATIONAL BUREAU.— (1) Within 18 months after the date on which the International Bureau transmits to the Patent and Trademark Office a notification of a request for extension of protection, the Director shall transmit to the International Bureau any of the following that applies to such request: "(A) A notification of refusal based on an examination of the request for extension of protection. "(B) A notification of refusal based on the filing of an opposition to the request. "(C) A notification of the possibility that an opposition to the request may be filed after the end of that 18-month period. "(2) If the Director has sent a notification of the possibility of opposition under paragraph (1)(C), the Director shall, if

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