Period of renewal; time for renewal
section 1058 of this titleSubject to the provisions of , each registration may be renewed for periods of 10 years at the end of each successive 10-year period following the date of registration upon payment of the prescribed fee and the filing of a written application, in such form as may be prescribed by the Director. Such application may be made at any time within 1 year before the end of each successive 10-year period for which the registration was issued or renewed, or it may be made within a grace period of 6 months after the end of each successive 10-year period, upon payment of a fee and surcharge prescribed therefor. If any application filed under this section is deficient, the deficiency may be corrected within the time prescribed after notification of the deficiency, upon payment of a surcharge prescribed therefor.
Notification of refusal of renewal
1
Designation of resident for service of process and notices
If the registrant is not domiciled in the United States the registrant may 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 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 address given in the last designation, or if the registrant 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.
July 5, 1946, ch. 54060 Stat. 431Pub. L. 87–772, § 576 Stat. 770Pub. L. 100–667, title I, § 111102 Stat. 3939Pub. L. 105–330, title I, § 106112 Stat. 3067Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(b)(1)(B), (C)]113 Stat. 1536Pub. L. 107–273, div. C, title III, § 13207(b)(4)116 Stat. 1907(, title I, § 9, ; , , ; , , ; , , ; , , , 1501A–583; , , .)
Editorial Notes
Prior Provisions
Amendments
Pub. L. 107–2732002—Subsec. (c). amended subsec. (c) generally. Prior to amendment, text read as follows: “If the registrant is not domiciled in the United States, the registrant shall designate by a written document filed in the Patent and Trademark Office the name and address of some 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 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 address given in the last designation, such notice or process may be served upon the Director.”
Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(b)(1)(B)]1999—Subsec. (a). , substituted “Director” for “Commissioner”.
Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(b)(1)(B), (C)]Subsec. (b). , amended subsec. (b) identically, substituting “Director” for “Commissioner” in two places.
Pub. L. 106–113, § 1000(a)(9) [title IV, § 4732(b)(1)(B)]Subsec. (c). , substituted “Director” for “Commissioner”.
Pub. L. 105–3301998— amended section catchline and text generally. Prior to amendment, text consisted of subsecs. (a) to (c) relating to period of renewal and time for renewal, notification of refusal of renewal, and applicants for renewal not domiciled in the United States.
Pub. L. 100–667, § 111(1)1988—Subsec. (a). , substituted “ten” for “twenty”.
Pub. L. 100–667, § 111(2)Subsec. (c). , substituted “1051(e)” for “1051(d)”.
Pub. L. 87–7721962— designated existing provisions as subsecs. (a) and (c), added subsec. (b), and among other changes, amended subsec. (a) by substituting provisions requiring a verified application specifying the goods or services recited in the registration on or in connection with which the mark is still in use in commerce and having attached a specimen showing current use of the mark, or showing that any nonuse is due to special circumstances which excuse the nonuse and that it’s not due to an intention to abandon the mark, for provisions requiring an affidavit by the registrant stating that the mark is still in use in commerce.
Statutory Notes and Related Subsidiaries
Effective Date of 1999 Amendment
Pub. L. 106–113Pub. L. 106–113section 1 of Title 35Amendment by effective 4 months after , see section 1000(a)(9) [title IV, § 4731] of , set out as a note under , Patents.
Effective Date of 1998 Amendment
Pub. L. 105–330section 110 of Pub. L. 105–330section 1051 of this titleAmendment by effective on the date that is 1 year after , see , set out as a note under .
Pub. L. 105–330section 109(b) of Pub. L. 105–330section 1051 of this titleFor provisions relating to applicability of amendment by to applications for registration of trademarks, see , set out as a note under .
Pub. L. 105–330, title I, § 109(d)112 Stat. 3069
Effective Date of 1988 Amendment
Pub. L. 100–667section 136 of Pub. L. 100–667section 1051 of this titleAmendment by effective one year after , see , set out as a note under .
Repeal and Effect on Existing Rights
section 1051 of this titleRepeal of inconsistent provisions, effect of this chapter on pending proceedings and existing registrations and rights under prior acts, see notes set out under .
Renewal Under Prior Acts
section 1051 of this titleRenewal of registrations under prior acts, see section 46(b) of act , set out as a note under .
Extension of Time for Renewal by Foreign Registrant
Act July 17, 1946, ch. 58760 Stat. 568, , provided for extension of time for renewal by a foreign registrant and expired by its own terms .