§1059. Renewal of registration

(a) Period of renewal; time for renewal

Each registration may be renewed for periods of ten years from the end of the expiring period upon payment of the prescribed fee and the filing of a verified application therefor, setting forth those goods or services recited in the registration on or in connection with which the mark is still in use in commerce and having attached thereto, a specimen or facsimile showing current use of the mark, or showing that any nonuse is due to special circumstances which excuse such nonuse and it is not due to any intention to abandon the mark. Such application may be made at any time within six months before the expiration of the period for which the registration was issued or renewed, or it may be made within three months after such expiration on payment of the additional fee herein prescribed.

(b) Notification of refusal of renewal

If the Commissioner refuses to renew the registration, he shall notify the registrant of his refusal and the reasons therefor.

(c) Applicant for renewal not domiciled in United States

An applicant for renewal not domiciled in the United States shall be subject to and comply with the provisions of section 1051(e) of this title.

(July 5, 1946, ch. 540, title I, §9, 60 Stat. 431 ; Oct. 9, 1962, Pub. L. 87–772, §5, 76 Stat. 770 ; Nov. 16, 1988, Pub. L. 100–667, title I, §111, 102 Stat. 3939 .)

Prior Provisions

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

Amendments

1988-Subsec. (a). Pub. L. 100–667, §111(1), substituted "ten" for "twenty".

Subsec. (c). Pub. L. 100–667, §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 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.