|
U.S. Code as of:
01/19/04
Section 1313. Examination of application and issue or refusal of registration
(a) Determination of Registrability of Design; Registration. -
Upon the filing of an application for registration in proper form
under section 1310, and upon payment of the fee prescribed under
section 1316, the Administrator shall determine whether or not the
application relates to a design which on its face appears to be
subject to protection under this chapter, and, if so, the Register
shall register the design. Registration under this subsection shall
be announced by publication. The date of registration shall be the
date of publication.
(b) Refusal To Register; Reconsideration. - If, in the judgment
of the Administrator, the application for registration relates to a
design which on its face is not subject to protection under this
chapter, the Administrator shall send to the applicant a notice of
refusal to register and the grounds for the refusal. Within 3
months after the date on which the notice of refusal is sent, the
applicant may, by written request, seek reconsideration of the
application. After consideration of such a request, the
Administrator shall either register the design or send to the
applicant a notice of final refusal to register.
(c) Application To Cancel Registration. - Any person who believes
he or she is or will be damaged by a registration under this
chapter may, upon payment of the prescribed fee, apply to the
Administrator at any time to cancel the registration on the ground
that the design is not subject to protection under this chapter,
stating the reasons for the request. Upon receipt of an application
for cancellation, the Administrator shall send to the owner of the
design, as shown in the records of the Office of the Administrator,
a notice of the application, and the owner shall have a period of 3
months after the date on which such notice is mailed in which to
present arguments to the Administrator for support of the validity
of the registration. The Administrator shall also have the
authority to establish, by regulation, conditions under which the
opposing parties may appear and be heard in support of their
arguments. If, after the periods provided for the presentation of
arguments have expired, the Administrator determines that the
applicant for cancellation has established that the design is not
subject to protection under this chapter, the Administrator shall
order the registration stricken from the record. Cancellation under
this subsection shall be announced by publication, and notice of
the Administrator's final determination with respect to any
application for cancellation shall be sent to the applicant and to
the owner of record. Costs of the cancellation procedure under this
subsection shall be borne by the nonprevailing party or parties,
and the Administrator shall have the authority to assess and
collect such costs.
|
|