§1141j Dependence of Extension of Protection to the United States on the Underlying International Registration

Summary

If the International Bureau cancels an international registration for some or all goods or services, the USPTO must cancel the U.S. protection for those goods or services on the same cancellation date. If the International Bureau does not renew the international registration, the U.S. protection ends on the registration’s expiration date. If the cancellation was made at the request of the office of origin under Article 6(4) of the Madrid Protocol, the owner can file a U.S. application under sections 1051 or 1126 within 3 months. That U.S. application will be treated as if filed on the international registration date (or the date the extension was recorded), will keep any priority the extension had, and must meet the normal U.S. application rules.