Page:United States Statutes at Large Volume 124.djvu/95

 124 STAT. 69 PUBLIC LAW 111–146—MAR. 17, 2010 ‘‘(3) The holder may file the affidavit required under this section within a grace period of 6 months after the end of the applicable time period established in paragraph (1) or (2), together with the fee described in subsection (b) and the addi- tional 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 extension of protection 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 ‘‘(2)(A) set forth the goods and services recited in the exten- sion of protection on or in connection with which the mark is not in use in commerce; ‘‘(B) include a showing that any nonuse is due to special circumstances which excuse such nonuse and is not due to any intention to abandon the mark; and ‘‘(C) be accompanied by the fee prescribed by the Director. ‘‘(c) DEFICIENT AFFIDAVIT.—If any submission filed within the period set forth in subsection (a) is deficient, including that the affidavit was not filed in the name of the holder of the international registration, the deficiency may be corrected after the statutory time period, within the time prescribed after notification of the deficiency. Such submission shall be accompanied by the additional deficiency surcharge prescribed by the Director. ‘‘(d) NOTICE OF REQUIREMENT.—Special notice of the require- ment for such affidavit shall be attached to each certificate of extension of protection. ‘‘(e) NOTIFICATION OF ACCEPTANCE OR REFUSAL.—The Director shall notify the holder of the international registration who files any affidavit required by this section of the Director’s acceptance or refusal thereof and, in the case of a refusal, the reasons therefor. ‘‘(f) DESIGNATION OF RESIDENT FOR SERVICE OF PROCESS AND NOTICES.—If the holder of the international registration of the mark is not domiciled in the United States, the holder may des- ignate, by a document filed in the United States Patent and Trade- mark Office, the name and address of a person resident in the United States on whom may be served notices or process in pro- ceedings affecting the mark. Such notices or process may be served upon the person so designated by leaving with that person or mailing to that person a copy thereof at the address specified in the last designation so filed. If the person so designated cannot be found at the last designated address, or if the holder does not designate by a document filed in the United States Patent and Trademark Office the name and address of a person resident in the United States on whom may be served notices or process in proceedings affecting the mark, such notices or process may be served on the Director.’’. SEC. 4. STUDY AND REPORT. (a) IN GENERAL.—Not later than 1 year after the date of enact- ment of this Act, the Secretary of Commerce, in consultation with