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U.S. Code as of:
01/19/04
Section 1126. International conventions
(a) Register of marks communicated by international bureaus
The Director shall keep a register of all marks communicated to
him by the international bureaus provided for by the conventions
for the protection of industrial property, trademarks, trade and
commercial names, and the repression of unfair competition to which
the United States is or may become a party, and upon the payment of
the fees required by such conventions and the fees required in this
chapter may place the marks so communicated upon such register.
This register shall show a facsimile of the mark or trade or
commercial name; the name, citizenship, and address of the
registrant; the number, date, and place of the first registration
of the mark, including the dates on which application for such
registration was filed and granted and the term of such
registration; a list of goods or services to which the mark is
applied as shown by the registration in the country of origin, and
such other data as may be useful concerning the mark. This register
shall be a continuation of the register provided in section 1(a) of
the Act of March 19, 1920.
(b) Benefits of section to persons whose country of origin is party
to convention or treaty
Any person whose country of origin is a party to any convention
or treaty relating to trademarks, trade or commercial names, or the
repression of unfair competition, to which the United States is
also a party, or extends reciprocal rights to nationals of the
United States by law, shall be entitled to the benefits of this
section under the conditions expressed herein to the extent
necessary to give effect to any provision of such convention,
treaty or reciprocal law, in addition to the rights to which any
owner of a mark is otherwise entitled by this chapter.
(c) Prior registration in country of origin; country of origin
defined
No registration of a mark in the United States by a person
described in subsection (b) of this section shall be granted until
such mark has been registered in the country of origin of the
applicant, unless the applicant alleges use in commerce.
For the purposes of this section, the country of origin of the
applicant is the country in which he has a bona fide and effective
industrial or commercial establishment, or if he has not such an
establishment the country in which he is domiciled, or if he has
not a domicile in any of the countries described in subsection (b)
of this section, the country of which he is a national.
(d) Right of priority
An application for registration of a mark under section 1051,
1053, 1054, or 1091 of this title or under subsection (e) of this
section, filed by a person described in subsection (b) of this
section who has previously duly filed an application for
registration of the same mark in one of the countries described in
subsection (b) of this section shall be accorded the same force and
effect as would be accorded to the same application if filed in the
United States on the same date on which the application was first
filed in such foreign country: Provided, That -
(1) the application in the United States is filed within six
months from the date on which the application was first filed in
the foreign country;
(2) the application conforms as nearly as practicable to the
requirements of this chapter, including a statement that the
applicant has a bona fide intention to use the mark in commerce;
(3) the rights acquired by third parties before the date of the
filing of the first application in the foreign country shall in
no way be affected by a registration obtained on an application
filed under this subsection;
(4) nothing in this subsection shall entitle the owner of a
registration granted under this section to sue for acts committed
prior to the date on which his mark was registered in this
country unless the registration is based on use in commerce.
In like manner and subject to the same conditions and
requirements, the right provided in this section may be based upon
a subsequent regularly filed application in the same foreign
country, instead of the first filed foreign application: Provided,
That any foreign application filed prior to such subsequent
application has been withdrawn, abandoned, or otherwise disposed
of, without having been laid open to public inspection and without
leaving any rights outstanding, and has not served, nor thereafter
shall serve, as a basis for claiming a right of priority.
(e) Registration on principal or supplemental register; copy of
foreign registration
A mark duly registered in the country of origin of the foreign
applicant may be registered on the principal register if eligible,
otherwise on the supplemental register in this chapter provided.
Such applicant shall submit, within such time period as may be
prescribed by the Director, a true copy, a photocopy, a
certification, or a certified copy of the registration in the
country of origin of the applicant. The application must state the
applicant's bona fide intention to use the mark in commerce, but
use in commerce shall not be required prior to registration.
(f) Domestic registration independent of foreign registration
The registration of a mark under the provisions of subsections
(c), (d), and (e) of this section by a person described in
subsection (b) of this section shall be independent of the
registration in the country of origin and the duration, validity,
or transfer in the United States of such registration shall be
governed by the provisions of this chapter.
(g) Trade or commercial names of foreign nationals protected
without registration
Trade names or commercial names of persons described in
subsection (b) of this section shall be protected without the
obligation of filing or registration whether or not they form parts
of marks.
(h) Protection of foreign nationals against unfair competition
Any person designated in subsection (b) of this section as
entitled to the benefits and subject to the provisions of this
chapter shall be entitled to effective protection against unfair
competition, and the remedies provided in this chapter for
infringement of marks shall be available so far as they may be
appropriate in repressing acts of unfair competition.
(i) Citizens or residents of United States entitled to benefits of
section
Citizens or residents of the United States shall have the same
benefits as are granted by this section to persons described in
subsection (b) of this section.
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