§1141 Definitions

Summary

Defines key words used for filing and keeping international trademark registrations under the Madrid Protocol. Basic application — the national trademark application filed with a home office that is used as the starting point for an international filing. Basic registration — the national trademark registration granted by that home office that serves as the basis for an international registration. Contracting Party — any country or intergovernmental group that has joined the Madrid Protocol. Date of recordal — the date a later request to extend protection is entered in the International Register. Declaration of bona fide intention to use the mark in commerce — a signed statement by the applicant or holder seeking U.S. protection saying they truly plan to use the mark, believe they have the right to use it, and to their knowledge no one else has the right to use the same or confusingly similar mark. Extension of protection — the protection that applies in the United States when a holder asks to extend an international registration here under the Protocol. Holder — the real person or legal entity named on the international registration. International application — the filing made under the Madrid Protocol. International Bureau — the International Bureau of the World Intellectual Property Organization. International Register — the official record of international registrations kept by that Bureau. International registration — a mark registration granted under the Madrid Protocol. International registration date — the date the Bureau assigns to that international registration. Madrid Protocol — the Protocol adopted at Madrid on June 27, 1989. Notification of refusal — the notice the United States Patent and Trademark Office sends the International Bureau saying U.S. protection cannot be granted. Office of a Contracting Party — the national or joint office responsible for trademark registration and recognized by the International Bureau. Office of origin — the office where the basic application was filed or the basic registration was granted. Opposition period — the time allowed to file an opposition in the United States Patent and Trademark Office, including any extension under section 1063.