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U.S. Code as of:
01/19/04
Section 1058. Duration
(a) In general
Each registration shall remain in force for 10 years, except that
the registration of any mark shall be canceled by the Director for
failure to comply with the provisions of subsection (b) of this
section, upon the expiration of the following time periods, as
applicable:
(1) For registrations issued pursuant to the provisions of this
chapter, at the end of 6 years following the date of
registration.
(2) For registrations published under the provisions of section
1062(c) of this title, at the end of 6 years following the date
of publication under such section.
(3) For all registrations, at the end of each successive
10-year period following the date of registration.
(b) Affidavit of continuing use
During the 1-year period immediately preceding the end of the
applicable time period set forth in subsection (a) of this section,
the owner of the registration shall pay the prescribed fee and file
in the Patent and Trademark Office -
(1) an affidavit setting forth those goods or services recited
in the registration on or in connection with which the mark is in
use in commerce and such number of specimens or facsimiles
showing current use of the mark as may be required by the
Director; or
(2) an affidavit setting forth those goods or services recited
in the registration on or in connection with which the mark is
not in use in commerce and showing that any such nonuse is due to
special circumstances which excuse such nonuse and is not due to
any intention to abandon the mark.
(c) Grace period for submissions; deficiency
(1) The owner of the registration may make the submissions
required under this section within a grace period of 6 months after
the end of the applicable time period set forth in subsection (a)
of this section. Such submission is required to be accompanied by a
surcharge prescribed by the Director.
(2) If any submission filed under this section is deficient, the
deficiency may be corrected after the statutory time period and
within the time prescribed after notification of the deficiency.
Such submission is required to be accompanied by a surcharge
prescribed by the Director.
(d) Notice of affidavit requirement
Special notice of the requirement for affidavits under this
section shall be attached to each certificate of registration and
notice of publication under section 1062(c) of this title.
(e) Notification of acceptance or refusal of affidavits
The Director shall notify any owner who files 1 of the affidavits
required by this section of the Commissioner's (!1) 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 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.
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