
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: 15USC1059]

 
                      TITLE 15--COMMERCE AND TRADE
 
                         CHAPTER 22--TRADEMARKS
 
                  SUBCHAPTER I--THE PRINCIPAL REGISTER
 
Sec. 1059. Renewal of registration


(a) Period of renewal; time for renewal

    Subject to the provisions of section 1058 of this title, each 
registration may be renewed for periods of 10 years at the end of each 
successive 10-year period following the date of registration upon 
payment of the prescribed fee and the filing of a written application, 
in such form as may be prescribed by the Director. Such application may 
be made at any time within 1 year before the end of each successive 10-
year period for which the registration was issued or renewed, or it may 
be made within a grace period of 6 months after the end of each 
successive 10-year period, upon payment of a fee and surcharge 
prescribed therefor. If any application filed under this section is 
deficient, the deficiency may be corrected within the time prescribed 
after notification of the deficiency, upon payment of a surcharge 
prescribed therefor.

(b) Notification of refusal of renewal

    If the Director refuses to renew the registration, the Director 
shall notify the registrant of the Commissioner's \1\ refusal and the 
reasons therefor.
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    \1\ So in original. Probably should be ``Director's''.
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(c) 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. 9, 60 Stat. 431; Pub. L. 87-772, 
Sec. 5, Oct. 9, 1962, 76 Stat. 770; Pub. L. 100-667, title I, Sec. 111, 
Nov. 16, 1988, 102 Stat. 3939; Pub. L. 105-330, title I, Sec. 106, Oct. 
30, 1998, 112 Stat. 3067; 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--Subsec. (a). Pub. L. 106-113, Sec. 1000(a)(9) [title IV, 
Sec. 4732(b)(1)(B)], substituted ``Director'' for ``Commissioner''.
    Subsec. (b). Pub. L. 106-113, Sec. 1000(a)(9) [title IV, 
Sec. 4732(b)(1)(B), (C)], amended subsec. (b) identically, substituting 
``Director'' for ``Commissioner'' in two places.
    Subsec. (c). 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 
period of renewal and time for renewal, notification of refusal of 
renewal, and applicants for renewal not domiciled in the United States.
    1988--Subsec. (a). Pub. L. 100-667, Sec. 111(1), substituted ``ten'' 
for ``twenty''.
    Subsec. (c). Pub. L. 100-667, Sec. 111(2), substituted ``1051(e)'' 
for ``1051(d)''.
    1962--Pub. L. 87-772 designated existing provisions as subsecs. (a) 
and (c), added subsec. (b), and among other changes, amended subsec. (a) 
by substituting provisions requiring a verified application specifying 
the goods or services recited in the registration on or in connection 
with which the mark is still in use in commerce and having attached a 
specimen showing current use of the mark, or showing that any nonuse is 
due to special circumstances which excuse the nonuse and that it's not 
due to an intention to abandon the mark, for provisions requiring an 
affidavit by the registrant stating that the mark is still in use in 
commerce.


                    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.
    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(d), Oct. 30, 1998, 112 Stat. 
3069, provided that: ``The amendment made by section 106 [amending this 
section] shall apply to the filing of an application for renewal of a 
registration if the expiration date of the registration for which the 
renewal application 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.


                  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, see 
notes set out under section 1051 of this title.


                        Renewal Under Prior Acts

    Renewal of registrations under prior acts, see section 46(b) of act 
July 5, 1946, set out as a note under section 1051 of this title.


           Extension of Time for Renewal by Foreign Registrant

    Act July 17, 1946, ch. 587, 60 Stat. 568, provided for extension of 
time for renewal by a foreign registrant and expired by its own terms 
July 17, 1949.

                  Section Referred to in Other Sections

    This section is referred to in section 1115 of this title.
