§1141f Effect of filing a request for extension of protection of an international registration to the United States

Summary

A request the International Bureau sends to the U.S. Patent and Trademark Office to extend an international trademark to the United States counts as filed in the U.S. only if, when the Bureau received it, it had a signed statement from the applicant or holder saying they intend to use the mark in U.S. commerce. Unless the extension is refused under section 1141h, that proper filing gives "constructive use" rights like those in section 1057(c). Those rights start on the earliest of three dates: the international registration date (if the request was filed then), the date the request was recorded, or the priority date claimed under section 1141g.