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U.S. Code as of:
01/19/04
Section 1062. Publication
(a) Examination and publication
Upon the filing of an application for registration and payment of
the prescribed fee, the Director shall refer the application to the
examiner in charge of the registration of marks, who shall cause an
examination to be made and, if on such examination it shall appear
that the applicant is entitled to registration, or would be
entitled to registration upon the acceptance of the statement of
use required by section 1051(d) of this title, the Director shall
cause the mark to be published in the Official Gazette of the
Patent and Trademark Office: Provided, That in the case of an
applicant claiming concurrent use, or in the case of an application
to be placed in an interference as provided for in section 1066 of
this title the mark, if otherwise registrable, may be published
subject to the determination of the rights of the parties to such
proceedings.
(b) Refusal of registration; amendment of application; abandonment
If the applicant is found not entitled to registration, the
examiner shall advise the applicant thereof and of the reasons
therefor. The applicant shall have a period of six months in which
to reply or amend his application, which shall then be reexamined.
This procedure may be repeated until (1) the examiner finally
refuses registration of the mark or (2) the applicant fails for a
period of six months to reply or amend or appeal, whereupon the
application shall be deemed to have been abandoned, unless it can
be shown to the satisfaction of the Director that the delay in
responding was unintentional, whereupon such time may be extended.
(c) Republication of marks registered under prior acts
A registrant of a mark registered under the provisions of the Act
of March 3, 1881, or the Act of February 20, 1905, may, at any time
prior to the expiration of the registration thereof, upon the
payment of the prescribed fee file with the Director an affidavit
setting forth those goods stated in the registration on which said
mark is in use in commerce and that the registrant claims the
benefits of this chapter for said mark. The Director shall publish
notice thereof with a reproduction of said mark in the Official
Gazette, and notify the registrant of such publication and of the
requirement for the affidavit of use or nonuse as provided for in
subsection (b) of section 1058 of this title. Marks published under
this subsection shall not be subject to the provisions of section
1063 of this title.
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