Title 15, Commerce and TradeRelease 119-110

§1141f Effect of Filing a Request for Extension of Protection of an International Registration to the United States

Title 15 › CHAPTER 22 — TRADEMARKS › SUBCHAPTER IV — THE MADRID PROTOCOL › § 1141f

Last updated Sep 22, 2026|Official source

Summary

If the International Bureau sends a request to extend an international trademark to the United States, it will count as properly filed in the U.S. only if, when the Bureau received it, the request included a verified statement from the applicant or holder saying they truly intend to use the mark in commerce. Unless the U.S. refuses the extension, a proper filing counts as if the mark had been used in the U.S. and gives the same legal rights from the earliest of: (1) the international registration date if the request was in the original international application; (2) the date the request was recorded if filed later; or (3) the claimed priority date.

Full Legal Text

Title 15, §1141f

Commerce and Trade, Source: USLM XML via OLRC

(a)Requirement for request for extension of protection
A request for extension of protection of an international registration to the United States that the International Bureau transmits to the United States Patent and Trademark Office shall be deemed to be properly filed in the United States if such request, when received by the International Bureau, has attached to it a declaration of bona fide intention to use the mark in commerce that is verified by the applicant for, or holder of, the international registration.
(b)Effect of proper filing
Unless extension of protection is refused under section 1141h of this title, the proper filing of the request for extension of protection under subsection (a) shall constitute constructive use of the mark, conferring the same rights as those specified in section 1057(c) of this title, as of the earliest of the following:
(1)The international registration date, if the request for extension of protection was filed in the international application.
(2)The date of recordal of the request for extension of protection, if the request for extension of protection was made after the international registration date.
(3)The date of priority claimed pursuant to section 1141g of this title.

Reference

Citations & Metadata

Citation

15 U.S.C. § 1141f

Title 15, Commerce and Trade

Last Updated

Sep 22, 2026

Release point: 119-110