{"identifier":"/us/usc/t15/s1141","title":15,"num":"\u00a7\u202f1141.","heading":"Definitions","text":"\u00a7\u202f1141.\nDefinitions\nIn this subchapter:\n(1)\nBasic application\nThe term \u201cbasic application\u201d means the application for the registration of a mark that has been filed with an Office of a Contracting Party and that constitutes the basis for an application for the international registration of that mark.\n(2)\nBasic registration\nThe term \u201cbasic registration\u201d means the registration of a mark that has been granted by an Office of a Contracting Party and that constitutes the basis for an application for the international registration of that mark.\n(3)\nContracting Party\nThe term \u201cContracting Party\u201d means any country or inter-governmental organization that is a party to the Madrid Protocol.\n(4)\nDate of recordal\nThe term \u201cdate of recordal\u201d means the date on which a request for extension of protection, filed after an international registration is granted, is recorded on the International Register.\n(5)\nDeclaration of bona fide intention to use the mark in commerce\nThe term \u201cdeclaration of bona fide intention to use the mark in commerce\u201d means a declaration that is signed by the applicant for, or holder of, an international registration who is seeking extension of protection of a mark to the United States and that contains a statement that\u2014\n(A) the applicant or holder has a bona fide intention to use the mark in commerce;\n(B) the person making the declaration believes himself or herself, or the firm, corporation, or association in whose behalf he or she makes the declaration, to be entitled to use the mark in commerce; and\n(C) no other person, firm, corporation, or association, to the best of his or her knowledge and belief, has the right to use such mark in commerce either in the identical form of the mark or in such near resemblance to the mark as to be likely, when used on or in connection with the goods of such other person, firm, corporation, or association, to cause confusion, mistake, or deception.\n(6)\nExtension of protection\nThe term \u201cextension of protection\u201d means the protection resulting from an international registration that extends to the United States at the request of the holder of the international registration, in accordance with the Madrid Protocol.\n(7)\nHolder of an international registration\nA \u201cholder\u201d of an international registration is the natural or juristic person in whose name the international registration is recorded on the International Register.\n(8)\nInternational application\nThe term \u201cinternational application\u201d means an application for international registration that is filed under the Madrid Protocol.\n(9)\nInternational Bureau\nThe term \u201cInternational Bureau\u201d means the International Bureau of the World Intellectual Property Organization.\n(10)\nInternational Register\nThe term \u201cInternational Register\u201d means the official collection of data concerning international registrations maintained by the International Bureau that the Madrid Protocol or its implementing regulations require or permit to be recorded.\n(11)\nInternational registration\nThe term \u201cinternational registration\u201d means the registration of a mark granted under the Madrid Protocol.\n(12)\nInternational registration date\nThe term \u201cinternational registration date\u201d means the date assigned to the international registration by the International Bureau.\n(13)\nMadrid Protocol\nThe term \u201cMadrid Protocol\u201d means the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, adopted at Madrid, Spain, on\nJune 27, 1989\n(14)\nNotification of refusal\nThe term \u201cnotification of refusal\u201d means the notice sent by the United States Patent and Trademark Office to the International Bureau declaring that an extension of protection cannot be granted.\n(15)\nOffice of a Contracting Party\nThe term \u201cOffice of a Contracting Party\u201d means\u2014\n(A) the office, or governmental entity, of a Contracting Party that is responsible for the registration of marks; or\n(B) the common office, or governmental entity, of more than 1 Contracting Party that is responsible for the registration of marks and is so recognized by the International Bureau.\n(16)\nOffice of origin\nThe term \u201coffice of origin\u201d means the Office of a Contracting Party with which a basic application was filed or by which a basic registration was granted.\n(17)\nOpposition period\nThe term \u201copposition period\u201d means the time allowed for filing an opposition in the United States Patent and Trademark Office, including any extension of time granted under\nsection 1063 of this title","url":"https://projectusc.org/usc/t15/s1141.html","content":[{"t":"sec","id":"/us/usc/t15/s1141","children":[{"t":"num","text":"\u00a7\u202f1141."},{"t":"heading","text":"Definitions","tail":"\n"},{"t":"chapeau","text":"In this subchapter:"},{"t":"para","id":"/us/usc/t15/s1141/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Basic application"},{"t":"content","children":[{"t":"p","text":"The term \u201cbasic application\u201d means the application for the registration of a mark that has been filed with an Office of a Contracting Party and that constitutes the basis for an application for the international registration of that mark.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s1141/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Basic registration"},{"t":"content","children":[{"t":"p","text":"The term \u201cbasic registration\u201d means the registration of a mark that has been granted by an Office of a Contracting Party and that constitutes the basis for an application for the international registration of that mark.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s1141/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Contracting Party"},{"t":"content","children":[{"t":"p","text":"The term \u201cContracting Party\u201d means any country or inter-governmental organization that is a party to the Madrid Protocol.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s1141/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Date of recordal"},{"t":"content","children":[{"t":"p","text":"The term \u201cdate of recordal\u201d means the date on which a request for extension of protection, filed after an international registration is granted, is recorded on the International Register.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s1141/5","children":[{"t":"num","text":"(5)"},{"t":"heading","text":"Declaration of bona fide intention to use the mark in commerce"},{"t":"chapeau","text":"The term \u201cdeclaration of bona fide intention to use the mark in commerce\u201d means a declaration that is signed by the applicant for, or holder of, an international registration who is seeking extension of protection of a mark to the United States and that contains a statement that\u2014"},{"t":"subpara","id":"/us/usc/t15/s1141/5/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" the applicant or holder has a bona fide intention to use the mark in commerce;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s1141/5/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" the person making the declaration believes himself or herself, or the firm, corporation, or association in whose behalf he or she makes the declaration, to be entitled to use the mark in commerce; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s1141/5/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" no other person, firm, corporation, or association, to the best of his or her knowledge and belief, has the right to use such mark in commerce either in the identical form of the mark or in such near resemblance to the mark as to be likely, when used on or in connection with the goods of such other person, firm, corporation, or association, to cause confusion, mistake, or deception.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s1141/6","children":[{"t":"num","text":"(6)"},{"t":"heading","text":"Extension of protection"},{"t":"content","children":[{"t":"p","text":"The term \u201cextension of protection\u201d means the protection resulting from an international registration that extends to the United States at the request of the holder of the international registration, in accordance with the Madrid Protocol.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s1141/7","children":[{"t":"num","text":"(7)"},{"t":"heading","text":"Holder of an international registration"},{"t":"content","children":[{"t":"p","text":"A \u201cholder\u201d of an international registration is the natural or juristic person in whose name the international registration is recorded on the International Register.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s1141/8","children":[{"t":"num","text":"(8)"},{"t":"heading","text":"International application"},{"t":"content","children":[{"t":"p","text":"The term \u201cinternational application\u201d means an application for international registration that is filed under the Madrid Protocol.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s1141/9","children":[{"t":"num","text":"(9)"},{"t":"heading","text":"International Bureau"},{"t":"content","children":[{"t":"p","text":"The term \u201cInternational Bureau\u201d means the International Bureau of the World Intellectual Property Organization.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s1141/10","children":[{"t":"num","text":"(10)"},{"t":"heading","text":"International Register"},{"t":"content","children":[{"t":"p","text":"The term \u201cInternational Register\u201d means the official collection of data concerning international registrations maintained by the International Bureau that the Madrid Protocol or its implementing regulations require or permit to be recorded.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s1141/11","children":[{"t":"num","text":"(11)"},{"t":"heading","text":"International registration"},{"t":"content","children":[{"t":"p","text":"The term \u201cinternational registration\u201d means the registration of a mark granted under the Madrid Protocol.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s1141/12","children":[{"t":"num","text":"(12)"},{"t":"heading","text":"International registration date"},{"t":"content","children":[{"t":"p","text":"The term \u201cinternational registration date\u201d means the date assigned to the international registration by the International Bureau.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s1141/13","children":[{"t":"num","text":"(13)"},{"t":"heading","text":"Madrid Protocol"},{"t":"content","children":[{"t":"p","text":"The term \u201cMadrid Protocol\u201d means the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, adopted at Madrid, Spain, on ","children":[{"t":"text","text":"June 27, 1989","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s1141/14","children":[{"t":"num","text":"(14)"},{"t":"heading","text":"Notification of refusal"},{"t":"content","children":[{"t":"p","text":"The term \u201cnotification of refusal\u201d means the notice sent by the United States Patent and Trademark Office to the International Bureau declaring that an extension of protection cannot be granted.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s1141/15","children":[{"t":"num","text":"(15)"},{"t":"heading","text":"Office of a Contracting Party"},{"t":"chapeau","text":"The term \u201cOffice of a Contracting Party\u201d means\u2014"},{"t":"subpara","id":"/us/usc/t15/s1141/15/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" the office, or governmental entity, of a Contracting Party that is responsible for the registration of marks; or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s1141/15/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" the common office, or governmental entity, of more than 1 Contracting Party that is responsible for the registration of marks and is so recognized by the International Bureau.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s1141/16","children":[{"t":"num","text":"(16)"},{"t":"heading","text":"Office of origin"},{"t":"content","children":[{"t":"p","text":"The term \u201coffice of origin\u201d means the Office of a Contracting Party with which a basic application was filed or by which a basic registration was granted.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s1141/17","children":[{"t":"num","text":"(17)"},{"t":"heading","text":"Opposition period"},{"t":"content","children":[{"t":"p","text":"The term \u201copposition period\u201d means the time allowed for filing an opposition in the United States Patent and Trademark Office, including any extension of time granted under ","children":[{"t":"ref","text":"section 1063 of this title","href":"/us/usc/t15/s1063","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}