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U.S. Code as of:
01/19/04
Section 1057. Certificates of registration
(a) Issuance and form
Certificates of registration of marks registered upon the
principal register shall be issued in the name of the United States
of America, under the seal of the Patent and Trademark Office, and
shall be signed by the Director or have his signature placed
thereon, and a record thereof shall be kept in the Patent and
Trademark Office. The registration shall reproduce the mark, and
state that the mark is registered on the principal register under
this chapter, the date of the first use of the mark, the date of
the first use of the mark in commerce, the particular goods or
services for which it is registered, the number and date of the
registration, the term thereof, the date on which the application
for registration was received in the Patent and Trademark Office,
and any conditions and limitations that may be imposed in the
registration.
(b) Certificate as prima facie evidence
A certificate of registration of a mark upon the principal
register provided by this chapter shall be prima facie evidence of
the validity of the registered mark and of the registration of the
mark, of the registrant's ownership of the mark, and of the
registrant's exclusive right to use the registered mark in commerce
on or in connection with the goods or services specified in the
certificate, subject to any conditions or limitations stated in the
certificate.
(c) Application to register mark considered constructive use
Contingent on the registration of a mark on the principal
register provided by this chapter, the filing of the application to
register such mark shall constitute constructive use of the mark,
conferring a right of priority, nationwide in effect, on or in
connection with the goods or services specified in the registration
against any other person except for a person whose mark has not
been abandoned and who, prior to such filing -
(1) has used the mark;
(2) has filed an application to register the mark which is
pending or has resulted in registration of the mark; or
(3) has filed a foreign application to register the mark on the
basis of which he or she has acquired a right of priority, and
timely files an application under section 1126(d) of this title
to register the mark which is pending or has resulted in
registration of the mark.
(d) Issuance to assignee
A certificate of registration of a mark may be issued to the
assignee of the applicant, but the assignment must first be
recorded in the Patent and Trademark Office. In case of change of
ownership the Director shall, at the request of the owner and upon
a proper showing and the payment of the prescribed fee, issue to
such assignee a new certificate of registration of the said mark in
the name of such assignee, and for the unexpired part of the
original period.
(e) Surrender, cancellation, or amendment by registrant
Upon application of the registrant the Director may permit any
registration to be surrendered for cancellation, and upon
cancellation appropriate entry shall be made in the records of the
Patent and Trademark Office. Upon application of the registrant and
payment of the prescribed fee, the Director for good cause may
permit any registration to be amended or to be disclaimed in part:
Provided, That the amendment or disclaimer does not alter
materially the character of the mark. Appropriate entry shall be
made in the records of the Patent and Trademark Office and upon the
certificate of registration or, if said certificate is lost or
destroyed, upon a certified copy thereof.
(f) Copies of Patent and Trademark Office records as evidence
Copies of any records, books, papers, or drawings belonging to
the Patent and Trademark Office relating to marks, and copies of
registrations, when authenticated by the seal of the Patent and
Trademark Office and certified by the Director, or in his name by
an employee of the Office duly designated by the Director, shall be
evidence in all cases wherein the originals would be evidence; and
any person making application therefor and paying the prescribed
fee shall have such copies.
(g) Correction of Patent and Trademark Office mistake
Whenever a material mistake in a registration, incurred through
the fault of the Patent and Trademark Office, is clearly disclosed
by the records of the Office a certificate stating the fact and
nature of such mistake, shall be issued without charge and recorded
and a printed copy thereof shall be attached to each printed copy
of the registration certificate and such corrected registration
shall thereafter have the same effect as if the same had been
originally issued in such corrected form, or in the discretion of
the Director a new certificate of registration may be issued
without charge. All certificates of correction heretofore issued in
accordance with the rules of the Patent and Trademark Office and
the registrations to which they are attached shall have the same
force and effect as if such certificates and their issue had been
specifically authorized by statute.
(h) Correction of applicant's mistake
Whenever a mistake has been made in a registration and a showing
has been made that such mistake occurred in good faith through the
fault of the applicant, the Director is authorized to issue a
certificate of correction or, in his discretion, a new certificate
upon the payment of the prescribed fee: Provided, That the
correction does not involve such changes in the registration as to
require republication of the mark.
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