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

Summary

When an international trademark registration is canceled for some or all goods or services, the U.S. Patent and Trademark Office must cancel the U.S. protection for those same goods or services as of the cancellation date. If the international registration simply expires because it was not renewed, the U.S. protection ends on the registration’s expiration date. If the cancellation happened because the owner’s home trademark office asked for it, the owner can file a U.S. trademark application for the goods or services that lost U.S. protection. That U.S. application will be treated as if it was filed on the earlier international filing date or the date the U.S. extension was recorded, whichever applies, and it keeps any earlier priority. The owner must file within 3 months after the cancellation and must follow all normal U.S. application rules.