§1141j Dependence of extension of protection to the United States on the underlying international registration

Summary

If the International Bureau tells the U.S. Patent and Trademark Office that an international registration is canceled for some or all goods or services, the USPTO must cancel the U.S. extension of protection for those goods or services as of the cancellation date. If the International Bureau does not renew an international registration, the U.S. extension ends on the registration’s expiration date. If the cancellation happened because the office of origin asked for it under article 6(4) of the Madrid Protocol, the owner can file a U.S. application under section 1051 or 1126 for the affected goods or services. That U.S. application will count as filed on the international registration date or the date the extension request was recorded, and will keep any priority it had under section 1141g. The owner must file within 3 months of the cancellation and follow all normal U.S. application rules.