
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 15USC1058]

 
                      TITLE 15--COMMERCE AND TRADE
 
                         CHAPTER 22--TRADEMARKS
 
                  SUBCHAPTER I--THE PRINCIPAL REGISTER
 
Sec. 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.
---------------------------------------------------------------------------
    \1\ So in original. Probably should be ``Director's''.
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(f) Designation of resident for service of process and notices

    If the registrant is not domiciled in the United States, the 
registrant shall designate by a written document filed in the Patent and 
Trademark Office the name and address of some 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, such notice or process may be served upon 
the Director.

(July 5, 1946, ch. 540, title I, Sec. 8, 60 Stat. 431; Pub. L. 93-596, 
Sec. 1, Jan. 2, 1975, 88 Stat. 1949; Pub. L. 97-247, Sec. 8, Aug. 27, 
1982, 96 Stat. 320; Pub. L. 100-667, title I, Sec. 110, Nov. 16, 1988, 
102 Stat. 3939; Pub. L. 105-330, title I, Sec. 105, Oct. 30, 1998, 112 
Stat. 3066; Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, 
Sec. 4732(b)(1)(B), (C)], Nov. 29, 1999, 113 Stat. 1536, 1501A-583.)


                            Prior Provisions

    Act Feb. 20, 1905, ch. 592, Sec. 12, 33 Stat. 727.


                               Amendments

    1999--Subsecs. (a) to (c). Pub. L. 106-113, Sec. 1000(a)(9) [title 
IV, Sec. 4732(b)(1)(B)], substituted ``Director'' for ``Commissioner'' 
wherever appearing.
    Subsec. (e). Pub. L. 106-113, Sec. 1000(a)(9) [title IV, 
Sec. 4732(b)(1)(B), (C)], amended subsec. (e) identically, substituting 
``Director'' for ``Commissioner''.
    Subsec. (f). Pub. L. 106-113, Sec. 1000(a)(9) [title IV, 
Sec. 4732(b)(1)(B)], substituted ``Director'' for ``Commissioner''.
    1998--Pub. L. 105-330 amended section catchline and text generally. 
Prior to amendment, text consisted of subsecs. (a) to (c) relating to 
affidavits of continuing use, registrations published under other 
provisions of law, and notification of acceptance or refusal of 
affidavits.
    1988--Subsec. (a). Pub. L. 100-667 substituted ``ten'' for 
``twenty'' and ``setting forth those goods or services recited in the 
registration on or in connection with which the mark is in use in 
commerce and attaching to the affidavit a specimen or facsimile showing 
current use of the mark, or showing that any'' for ``showing that said 
mark is in use in commerce or showing that its''.
    1982--Subsecs. (a), (b). Pub. L. 97-247 struck out ``still'' after 
``showing that said mark is'', and inserted ``in commerce'' after 
``use''.
    1975--Subsecs. (a), (b). Pub. L. 93-596 substituted ``Patent and 
Trademark Office'' for ``Patent Office''.


                    Effective Date of 1999 Amendment

    Amendment by Pub. L. 106-113 effective 4 months after Nov. 29, 1999, 
see section 1000(a)(9) [title IV, Sec. 4731] of Pub. L. 106-113, set out 
as a note under section 1 of Title 35, Patents.


                    Effective Date of 1998 Amendment

    Amendment by Pub. L. 105-330 effective on the date that is 1 year 
after Oct. 30, 1998, see section 110 of Pub. L. 105-330, set out as a 
note under section 1051 of this title.
    Pub. L. 105-330, title I, Sec. 109(a), Oct. 30, 1998, 112 Stat. 
3069, provided that: ``The provisions of section 8 of the Trademark Act 
of 1946 [15 U.S.C. 1058], as amended by section 105 of this Act, shall 
apply to a registration for trademark issued or renewed for a 20-year 
term, if the expiration date of the registration is on or after the 
effective date of this Act [probably should be ``this title'', see 
section 110 of Pub. L. 105-330, set out as an Effective Date of 1998 
Amendment note under section 1051 of this title].''
    For provisions relating to applicability of amendment by Pub. L. 
105-330 to applications for registration of trademarks, see section 
109(b) of Pub. L. 105-330, set out as a note under section 1051 of this 
title.
    Pub. L. 105-330, title I, Sec. 109(c), Oct. 30, 1998, 112 Stat. 
3069, provided that: ``The provisions of section 8 of the Trademark Act 
of 1946 [15 U.S.C. 1058], as amended by section 105 of this Act, shall 
apply to the filing of an affidavit if the sixth or tenth anniversary of 
the registration, or the sixth anniversary of publication of the 
registration under section 12(c) of the Trademark Act of 1946 [15 U.S.C. 
1062(c)], for which the affidavit is filed is on or after the effective 
date of this Act [probably should be ``this title'', see section 110 of 
Pub. L. 105-330, set out as an Effective Date of 1998 Amendment note 
under section 1051 of this title].''


                    Effective Date of 1988 Amendment

    Amendment by Pub. L. 100-667 effective one year after Nov. 16, 1988, 
see section 136 of Pub. L. 100-667, set out as a note under section 1051 
of this title.


                    Effective Date of 1982 Amendment

    Amendment by Pub. L. 97-247 effective six months after Aug. 27, 
1982, see section 17(c) of Pub. L. 97-247, set out as a note under 
section 294 of Title 35, Patents.


                    Effective Date of 1975 Amendment

    Amendment by Pub. L. 93-596 effective Jan. 2, 1975, see section 4 of 
Pub. L. 93-596, set out as a note under section 1111 of this title.


                  Repeal and Effect on Existing Rights

    Repeal of inconsistent provisions, effect of this chapter on pending 
proceedings and existing registrations and rights under prior acts, and 
saving clause, see notes set out under section 1051 of this title.

                          Transfer of Functions

    For transfer of functions of other officers, employees, and agencies 
of Department of Commerce, with certain exceptions, to Secretary of 
Commerce, with power to delegate, see Reorg. Plan No. 5 of 1950, 
Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1263, set out in 
the Appendix to Title 5, Government Organization and Employees.


                   References to Trademark Act of 1946

    Pub. L. 105-330, title I, Sec. 102, Oct. 30, 1998, 112 Stat. 3064, 
provided that: ``For purposes of this title [see Short Title of 1998 
Amendment note set out under section 1051 of this title], the Act 
entitled `An Act to provide for the registration and protection of 
trademarks used in commerce, to carry out the provisions of certain 
international conventions, and for other purposes', approved July 5, 
1946 (15 U.S.C. 1051 et seq.), shall be referred to as the `Trademark 
Act of 1946'.''


                          Pending Applications

    Act July 5, 1946, ch. 540, title XI, Sec. 51, as added Nov. 16, 
1988, Pub. L. 100-667, title I, Sec. 135, 102 Stat. 3948, provided that: 
``All certificates of registration based upon applications for 
registration pending in the Patent and Trademark Office on the effective 
date of the Trademark Law Revision Act of 1988 [see Effective Date of 
1988 Amendment note set out under section 1051 of this title] shall 
remain in force for a period of 10 years.''

                  Section Referred to in Other Sections

    This section is referred to in section 1059 of this title.
