APPLICATION FOR REGISTRATION; VERIFICATION.

SEC. 103. APPLICATION FOR REGISTRATION; VERIFICATION. (a) Application for Use of Trademark.— Section 1(a) of the Trademark Act of 1946 (15 U.S.C. 1051(a)) is amended to read as follows: “Section 1. (a)(1) The owner of a trademark used in commerce may request registration of its trademark on the principal register hereby established by paying the prescribed fee and filing in the Patent and Trademark Office an application and a verified statement, in such form as may be prescribed by the Commissioner, and such number of specimens or facsimiles of the mark as used as may be required by the Commissioner. “(2) The application shall include specification of the applicant’s domicile and citizenship, the date of the applicant’s first use of the mark, the date of the applicant’s first use of the mark in commerce, the goods in connection with which the mark is used, and a drawing of the mark. “(3) The statement shall be verified by the applicant and specify that— “(A) the person making the verification believes that he or she, or the juristic person in whose behalf he or she makes the verification, to be the owner of the mark sought to be registered; “(B) to the best of the verifier’s knowledge and belief, the facts recited in the application are accurate; 112 STAT. 3065 “(C) the mark is in use in commerce; and “(D) to the best of the verifier’s knowledge and belief, no other person has the right to use such mark in commerce either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods of such other person, to cause confusion, or to cause mistake, or to deceive, except that, in the case of every application claiming concurrent use, the applicant shall— “(i) state exceptions to the claim of exclusive use; and “(ii) shall specify, to the extent of the verifier’s knowledge— “(I) any concurrent use by others; “(II) the goods on or in connection with which and the areas in which each concurrent use exists; “(III) the periods of each use; and “(IV) the goods and area for which the applicant desires registration. “(4) The applicant shall comply with such rules or regulations as may be prescribed by the Commissioner. The Commissioner shall promulgate rules prescribing the requirements for the application and for obtaining a filing date herein.”. (b) Application for Bona Fide Intention To Use Trademark.— Subsection (b) of section 1 of the Trademark Act of 1946 (15 U.S.C. 1051(b)) is amended to read as follows: “(b)(1) A person who has a bona fide intention, under circumstances showing the good faith of such person, to use a trademark in commerce may request registration of its trademark on the principal register hereby established by paying the prescribed fee and filing in the Patent and Trademark Office an application and a verified statement, in such form as may be prescribed by the Commissioner. “(2) The application shall include specification of the applicant’s domicile and citizenship, the goods in connection with which the applicant has a bona fide intention to use the mark, and a drawing of the mark. “(3) The statement shall be verified by the applicant and specif— “(A) that the person making the verification believes that he or she, or the juristic person in whose behalf he or she makes the verification, to be entitled to use the mark in commerce; “(B) the applicant’s bona fide intention to use the mark in commerce; “(C) that, to the best of the verifier’s knowledge and belief, the facts recited in the application are accurate; and “(D) that, to the best of the verifier’s knowledge and belief, no other person has the right to use such mark in commerce either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods of such other person, to cause confusion, or to cause mistake, or to deceive. Except for applications filed pursuant to section 44, no mark shall be registered until the applicant has met the requirements of subsections (c) and (d) of this section. “(4) The applicant shall comply with such rules or regulations as may be prescribed by the Commissioner. The Commissioner 112 STAT. 3066shall promulgate rules prescribing the requirements for the application and for obtaining a filing date herein.”. (c) Consequence of Delays.— Paragraph (4) of section 1(d) of the Trademark Act of 1946 (5 U.S.C. 1051(d)(4)) is amended to read as follows: “(4) The failure to timely file a verified statement of use under paragraph (1) or an extension request under paragraph (2) shall result in abandonment of the application, unless it can be shown to the satisfaction of the Commissioner that the delay in responding was unintentional, in which case the time for filing may be extended, but for a period not to exceed the period specified in paragraphs (1) and (2) for filing a statement of use.”.