Page:United States Statutes at Large Volume 124.djvu/93

 124 STAT. 67 PUBLIC LAW 111–146—MAR. 17, 2010 have the same force and effect as if such certificates and their issue had been specifically authorized by statute.’’. (b) INCONTESTABILITY OF RIGHT TO USE MARK UNDER CERTAIN CONDITIONS.—Section 15 of the Trademark Act of 1946 (15 U.S.C. 1065) is amended— (1) by striking ‘‘right of the registrant’’ and inserting ‘‘right of the owner’’; (2) by amending paragraph (1) to read as follows: ‘‘(1) there has been no final decision adverse to the owner’s claim of ownership of such mark for such goods or services, or to the owner’s right to register the same or to keep the same on the register; and’’; and (3) in paragraph (2), by inserting ‘‘United States’’ before ‘‘Patent and Trademark Office’’. (c) APPEAL TO COURTS.—Section 21 of the Trademark Act of 1946 (15 U.S.C. 1071) is amended— (1) by inserting ‘‘United States’’ before ‘‘Patent and Trade- mark Office’’ each place that term appears; (2) in subsection (a)(1), by inserting ‘‘or section 71’’ after ‘‘section 8’’; and (3) in subsection (b)(4), by striking ‘‘If there be’’ and inserting ‘‘If there are’’. (d) CONFORMING REQUIREMENTS FOR AFFIDAVITS.— (1) DURATION, AFFIDAVITS AND FEES.—Section 8 of the Trademark Act of 1946 (15 U.S.C. 1058) is amended to read as follows: ‘‘SEC. 8. DURATION, AFFIDAVITS AND FEES. ‘‘(a) TIME PERIODS FOR REQUIRED AFFIDAVITS.—Each registra- tion shall remain in force for 10 years, except that the registration of any mark shall be canceled by the Director unless the owner of the registration files in the United States Patent and Trademark Office affidavits that meet the requirements of subsection (b), within the following time periods: ‘‘(1) Within the 1-year period immediately preceding the expiration of 6 years following the date of registration under this Act or the date of the publication under section 12(c). ‘‘(2) Within the 1-year period immediately preceding the expiration of 10 years following the date of registration, and each successive 10-year period following the date of registration. ‘‘(3) The owner may file the affidavit required under this section within the 6-month grace period immediately following the expiration of the periods established in paragraphs (1) and (2), together with the fee described in subsection (b) and the additional grace period surcharge prescribed by the Director. ‘‘(b) REQUIREMENTS FOR AFFIDAVIT.—The affidavit referred to in subsection (a) shall— ‘‘(1)(A) state that the mark is in use in commerce; ‘‘(B) set forth the goods and services recited in the registra- tion on or in connection with which the mark is in use in commerce; ‘‘(C) be accompanied by such number of specimens or fac- similes showing current use of the mark in commerce as may be required by the Director; and ‘‘(D) be accompanied by the fee prescribed by the Director; or