APPLICATION TO REGISTER TRADEMARKS.

SEC. 103. APPLICATION TO REGISTER TRADEMARKS. Section 1 (15 U.S.C. 1051) is amended— (1) in the matter before subsection (a), by striking out “may register his” and inserting in lieu thereof “may apply to register his or her”; (2) by redesignating paragraphs (1), (2), and (3) of subsection (a) as subparagraphs (A), (B), and (C), respectively; (3) by redesignating subsections (a), (b), and (c) as paragraphs (1), (2), and (3), respectively; (4) by inserting “(a)” after “Section 1.”; (5) in subsection (a)(1)(A), as redesignated by this section— (A) by striking out “applied to” and inserting in lieu thereof “used on or in connection with”; and (B) by striking out “goods in connection” and inserting in lieu thereof “goods on or in connection”; (6) in subsection (a)(1)(C), as redesignated by this section, by striking out “actually”; (7) in subsection (a)(2), as redesignated by this section, by striking out “filing” and inserting in lieu thereof “prescribed”; (8) by redesignating subsection (d) as subsection (e); and (9) by inserting before subsection (e), as redesignated by paragraph (8) of this section, the following: “(b) A person who has a bona fide intention, under circumstances showing the good faith of such person, to use a trademark in 102 STAT. 3936commerce may apply to register the trademark under this Act on the principal register hereby established: (1) By filing in the Patent and Trademark Office— “(A) a written application, in such form as may be prescribed by the Commissioner, verified by the applicant, or by a member of the firm or an officer of the corporation or association applying, specifying applicant’s domicile and citizenship, applicant’s bona fide intention to use the mark in commerce, the goods on or in connection with which the applicant has a bona fide intention to use the mark and the mode or manner in which the mark is intended to be used on or in connection with such goods, including a statement to the effect that the person making the verification believes himself or herself, or the firm, corporation, or association in whose behalf he or she makes the verification, to be entitled to use the mark in commerce, and that no other person, firm, corporation, or association, to the best of his or her knowledge and belief, has the right to use such mark in commerce either in the identical form of the mark or in such near resemblance to the mark 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; however, except for applications filed pursuant to section 44, no mark shall be registered until the applicant has met the requirements of subsection (d) of this section; and “(B) a drawing of the mark. (2) By paying in the Patent and Trademark Office the prescribed fee. (3) By complying with such rules or regulations, not inconsistent with law, as may be prescribed by the Commissioner. “(c) At any time during examination of an application filed under subsection (b), an applicant who has made use of the mark in commerce may claim the benefits of such use for purposes of this Act, by amending his or her application to bring it into conformity with the requirements of subsection (a). “(d)(1) Within six months after the date on which the notice of allowance with respect to a mark is issued under section 13(b)(2) to an applicant under subsection (b) of this section, the applicant shall file in the Patent and Trademark Office, together with such number of specimens or facsimiles of the mark as used in commerce as may be required by the Commissioner and payment of the prescribed fee, a verified statement that the mark is in use in commerce and specifying the date of the applicant’s first use of the mark in commerce, those goods or services specified in the notice of allowance on or in connection with which the mark is used in commerce, and the mode or manner in which the mark is used on or in connection with such goods or services. Subject to examination and acceptance of the statement of use, the mark shall be registered in the Patent and Trademark Office, a certificate of registration shall be issued for those goods or services recited in the statement of use for which the mark is entitled to registration, and notice of registration shall be published in the Official Gazette of the Patent and Trademark Office. Such examination may include an examination of the factors set forth in subsections (a) through (e) of section 2. The 102 STAT. 3937notice of registration shall specify the goods or services for which the mark is registered. (2) The Commissioner shall extend, for one additional 6-month period, the time for filing the statement of use under paragraph (1), upon written request of the applicant before the expiration of the 6-month period provided in paragraph (1). In addition to an extension under the preceding sentence, the Commissioner may, upon a showing of good cause by the applicant, further extend the time for filing the statement of use under paragraph (1) for periods aggregating not more than 24 months, pursuant to written request of the applicant made before the expiration of the last extension granted under this paragraph. Any request for an extension under this paragraph shall be accompanied by a verified statement that the applicant has a continued bona fide intention to use the mark in commerce and specifying those goods or services identified in the notice of allowance on or in connection with which the applicant has a continued bona fide intention to use the mark in commerce. Any request for an extension under this paragraph shall be accompanied by payment of the prescribed fee. The Commissioner shall issue regulations setting forth guidelines for determining what constitutes good cause for purposes of this paragraph. (3) The Commissioner shall notify any applicant who files a statement of use of the acceptance or refusal thereof and, if the statement of use is refused, the reasons for the refusal. An applicant may amend the statement of use. (4) The failure to timely file a verified statement of use under this subsection shall result in abandonment of the application.”.