Home > 106th Congressional Bills > S. 672 (is) To amend title XIX of the Social Security Act to extend the higher Federal medical assistance percentage for payment for Indian Health service facilities to urban Indian health programs under the Medicaid Program. [Introduced in Senate] %%File...

S. 672 (is) To amend title XIX of the Social Security Act to extend the higher Federal medical assistance percentage for payment for Indian Health service facilities to urban Indian health programs under the Medicaid Program. [Introduced in Senate] %%File...


Google
 
Web GovRecords.org

application for registration on the Principal Register under this Act, 
and if on such examination it appears that the applicant is entitled to 
extension of protection under this title, the Commissioner shall cause 
the mark to be published in the Official Gazette of the Patent and 
Trademark Office.
    ``(2) Subject to the provisions of subsection (c), a request for 
extension of protection under this title shall be subject to opposition 
under section 13. Unless successfully opposed, the request for 
extension of protection shall not be refused.
    ``(3) Extension of protection shall not be refused under this 
section on the ground that the mark has not been used in commerce.
    ``(4) Extension of protection shall be refused under this section 
to any mark not registrable on the Principal Register.
    ``(b) Notification of Refusal.--If, a request for extension of 
protection is refused under subsection (a), the Commissioner shall 
declare in a notification of refusal (as provided in subsection (c)) 
that the extension of protection cannot be granted, together with a 
statement of all grounds on which the refusal was based.
    ``(c) Notice to International Bureau.--(1) Within 18 months after 
the date on which the International Bureau transmits to the Patent and 
Trademark Office a notification of a request for extension of 
protection, the Commissioner shall transmit to the International Bureau 
any of the following that applies to such request:
            ``(A) A notification of refusal based on an examination of 
        the request for extension of protection.
            ``(B) A notification of refusal based on the filing of an 
        opposition to the request.
            ``(C) A notification of the possibility that an opposition 
        to the request may be filed after the end of that 18-month 
        period.
    ``(2) If the Commissioner has sent a notification of the 
possibility of opposition under paragraph (1)(C), the Commissioner 
shall, if applicable, transmit to the International Bureau a 
notification of refusal on the basis of the opposition, together with a 
statement of all the grounds for the opposition, within 7 months after 
the beginning of the opposition period or within 1 month after the end 
of the opposition period, whichever is earlier.
    ``(3) If a notification of refusal of a request for extension of 
protection is transmitted under paragraph (1) or  (2), no grounds for 
refusal of such request other than those set forth in such notification 
may be transmitted to the International Bureau by the Commissioner 
after the expiration of the time periods set forth in paragraph (1) or 
(2), as the case may be.
    ``(4) If a notification specified in paragraph (1) or (2) is not 
sent to the International Bureau within the time period set forth in 
such paragraph, with respect to a request for extension of protection, 
the request for extension of protection shall not be refused and the 
Commissioner shall issue a certificate of extension of protection 
pursuant to the request.
    ``(d) Designation of Agent for Service of Process.--In responding 
to a notification of refusal with respect to a mark, the holder of the 
international registration of the mark shall designate, by a written 
document filed in the Patent and Trademark Office, the name and address 
of a person resident in the United States on whom may be served notices 
or process in proceedings affecting the mark. Such notices or process 
may be served upon the person so designated by leaving with that 
person, or mailing to that person, a copy thereof at the address 
specified in the last designation so filed. If the person so designated 
cannot be found at the address given in the last designation, such 
notice or process may be served upon the Commissioner.

``SEC. 69. EFFECT OF EXTENSION OF PROTECTION.

    ``(a) Issuance of Extension of Protection.--Unless a request for 
extension of protection is refused under section 68, the Commissioner 
shall issue a certificate of extension of protection pursuant to the 
request and shall cause notice of such certificate of extension of 
protection to be published in the Official Gazette of the Patent and 
Trademark Office.
    ``(b) Effect of Extension of Protection.--From the date on which a 
certificate of extension of protection is issued under subsection (a)--
            ``(1) such extension of protection shall have the same 
        effect and validity as a registration on the Principal 
        Register, and
            ``(2) the holder of the international registration shall 
        have the same rights and remedies as the owner of a 
        registration on the Principal Register.

``SEC. 70. DEPENDENCE OF EXTENSION OF PROTECTION TO THE UNITED STATES 
              ON THE UNDERLYING INTERNATIONAL REGISTRATION.

    ``(a) Effect of Cancellation of International Registration.--If the 
International Bureau notifies the Patent and Trademark Office of the 
cancellation of an international registration with respect to some or 
all of the goods and services listed in the international registration, 
the Commissioner shall cancel any extension of protection to the United 
States with respect to such goods and services as of the date on which 
the international registration was canceled.
    ``(b) Effect of Failure To Renew International Registration.--If 
the International Bureau does not renew an international registration, 
the corresponding extension of protection to the United States shall 
cease to be valid as of the date of the expiration of the international 
registration.
    ``(c) Transformation of an Extension of Protection Into a United 
States Application.--The holder of an international registration 
canceled in whole or in part by the International Bureau at the request 
of the office of origin, under Article 6(4) of the Madrid Protocol, may 
file an application, under section 1 or 44 of this Act, for the 
registration of the same mark for any of the goods and services to 
which the cancellation applies that were covered by an extension of 
protection to the United States based on that international 
registration. Such an application shall be treated as if it had been 
filed on the international registration date or the date of recordal of 
the request for extension of protection with the International Bureau, 
whichever date applies, and, if the extension of protection enjoyed 
priority under section 67 of this title, shall enjoy the same priority. 
Such an application shall be entitled to the benefits conferred by this 
subsection only if the application is filed not later than 3 months 
after the date on which the international registration was canceled, in 
whole or in part, and only if the application complies with all the 
requirements of this Act which apply to any application filed under 
section 1 or 44.

``SEC. 71. AFFIDAVITS AND FEES.

    ``(a) Required Affidavits and Fees.--An extension of protection for 
which a certificate of extension of protection has been issued under 
section 69 shall remain in force for the term of the international 
registration upon which it is based, except that the extension of 
protection of any mark shall be canceled by the Commissioner--
            ``(1) at the end of the 6-year period beginning on the date 
        on which the certificate of extension of protection was issued 
        by the Commissioner, unless within the 1-year period preceding 
        the expiration of that 6-year period the holder of the 
        international registration files in the Patent and Trademark 
        Office an affidavit under subsection (b) together with a fee 
        prescribed by the Commissioner; and
            ``(2) at the end of the 10-year period beginning on the 
        date on which the certificate of extension of protection was 
        issued by the Commissioner, and at the end of each 10-year 
        period thereafter, unless--
                    ``(A) within the 6-month period preceding the 
                expiration of such 10-year period the holder of the 
                international registration files in the Patent and 
                Trademark Office an affidavit under subsection (b) 
                together with a fee prescribed by the Commissioner; or
                    ``(B) within 3 months after the expiration of such 
                10-year period, the holder of the international 
                registration files in the Patent and Trademark Office 
                an affidavit under subsection (b) together with the fee 
                described in subparagraph (A) and an additional fee 
                prescribed by the Commissioner.
    ``(b) Contents of Affidavit.--The affidavit referred to in 
subsection (a) shall set forth those goods or services recited in the 
extension of protection on or in connection with which the mark is in 
use in commerce and the holder of the international registration shall 
attach to the affidavit a specimen or facsimile showing the current use 
of the mark in commerce, or shall set forth that any nonuse is due to 
special circumstances which excuse such nonuse and is not due to any 
intention to abandon the mark. Special notice of the requirement for 
such affidavit shall be attached to each certificate of extension of 
protection.

``SEC. 72. ASSIGNMENT OF AN EXTENSION OF PROTECTION.

    ``An extension of protection may be assigned, together with the 
goodwill associated with the mark, only to a person who is a national 
of, is domiciled in, or has a bona fide and effective industrial or 
commercial establishment either in a country that is a Contracting 
Party or in a country that is a member of an intergovernmental 
organization that is a Contracting Party.

``SEC. 73. INCONTESTABILITY.

    ``The period of continuous use prescribed under section 15 for a 
mark covered by an extension of protection issued under this title may 
begin no earlier than the date on which the Commissioner issues the 
certificate of the extension of protection under section 69, except as 
provided in section 74.

``SEC. 74. RIGHTS OF EXTENSION OF PROTECTION.

    ``An extension of protection shall convey the same rights as an 
existing registration for the same mark, if--
            ``(1) the extension of protection and the existing 
        registration are owned by the same person;
            ``(2) the goods and services listed in the existing 
        registration are also listed in the extension of protection; 
        and
            ``(3) the certificate of extension of protection is issued 
        after the date of the existing registration.''.

SEC. 3. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall take effect on 
the date on which the Madrid Protocol (as defined in section 60(1) of 
the Trademark Act of 1946) enters into force with respect to the United 
States.

Pages: << Prev 1 2

Other Popular 106th Congressional Bills Documents:

1 H.Res. 366 (eh) [Engrossed in House] ...
2 S. 1708 (is) To amend the Employee Retirement Income Security Act of 1974 and the [Introduced in Senate] ...
3 H.R. 1279 (rh) To designate the Federal building and United States post office located at 223 Sharkey Street in Clarksdale, Mississippi, as the ``Aaron E. Henry Federal Building and United States Post Office''. [Reported in House] ...
4 H.R. 5606 (ih) To amend the Federal Water Pollution Control Act to improve the enforcement and compliance programs. [Introduced in House] ...
5 H.Res. 334 (eh) [Engrossed in House] ...
6 H.Con.Res. 399 (ih) Recognizing the 25th anniversary of the enactment of the Education for All Handicapped Children Act of 1975. [Introduced in House] ...
7 H.R. 5542 (ih) To amend the Internal Revenue Code of 1986 to provide tax relief. [Introduced in House] ...
8 H.Con.Res. 317 (eh) [Engrossed in House] ...
9 H.R. 2991 (ih) To amend the Trade Act of 1974 to provide for periodic revision of retaliation lists or other remedial action implemented under section 306 of such Act. [Introduced in House] ...
10 H.R. 2981 (eh) To extend energy conservation programs under the Energy Policy and Conservation Act through March 31, 2000. [Engrossed in House] ...
11 S. 2019 (es) For the relief of Malia Miller. [Engrossed in Senate] ...
12 H.R. 2962 (ih) To provide for the issuance of a promotion, research, and information order applicable to certain handlers of Hass avocados. [Introduced in House] ...
13 S. 1243 (is) To amend the Public Health Service Act to revise and extend the prostate cancer preventive health program. [Introduced in Senate] ...
14 S. 756 (cps) To provide adversely affected crop producers with additional time to make fully informed risk management decisions for the 1999 crop year. [Considered and Passed Senate] ...
15 S. 1474 (is) Providing for conveyance of the Palmetto Bend project to the State of Texas. [Introduced in Senate] ...
16 S.Res. 214 (ats) Authorizing the taking of photographs in the Chamber of the United States Senate. [Agreed to Senate] ...
17 H.R. 5422 (ih) To require the Administrator of the Environmental Protection Agency to establish an integrated environmental reporting program. [Introduced in House] ...
18 H.R. 4853 (ih) To redesignate the facility of the United States Postal Service located at 1568 South Glen Road in South Euclid, Ohio, as the ``Arnold C. D'Amico Station''. [Introduced in House] ...
19 H.R. 4315 (enr) To designate the facility of the United States Postal Service located at 3695 Green Road in Beachwood, Ohio, as the ``Larry Small Post Office Building''. [Enrolled bill] ...
20 H.R. 2632 (enr) To designate certain Federal lands in the Talladega National Forest in the State of Alabama as the Dugger Mountain Wilderness. [Enrolled bill] ...
21 H.R. 4806 (rfs) To designate the Federal building located at 1710 Alabama Avenue in Jasper, Alabama, as the ``Carl Elliott Federal Building''. [Referred in Senate] ...
22 H.R. 2081 (ih) To provide for the appointment of an Assistant United States Attorney for each judicial district for the purpose of prosecuting firearms offenses. [Introduced in House] ...
23 S. 3137 (enr) To establish a commission to commemorate the 250th anniversary of the birth of James Madison. [Enrolled bill] ...
24 H.R. 1803 (ih) To preserve and protect the surpluses of the Social Security trust [Introduced in House] ...
25 S.Res. 263 (ats) Expressing the sense of the Senate that the President should [Agreed to Senate] ...
26 H.R. 3817 (enr) To dedicate the Big South Trail in the Comanche Peak Wilderness Area of Roosevelt National Forest in Colorado to the legacy of Jaryd Atadero. [Enrolled bill] ...
27 S.Res. 304 (ats) Expressing the sense of the Senate regarding the development of [Agreed to Senate] ...
28 S. 1637 (es) To extend through the end of the current fiscal year certain expiring Federal Aviation Administration authorizations. [Engrossed in Senate] ...
29 S. 1296 (is) To designate portions of the lower Delaware River and associated tributaries as a component of the National Wild and Scenic Rivers System. [Introduced in Senate] ...
30 H.R. 3514 (ih) To amend the Public Health Service Act to provide for a system of sanctuaries for chimpanzees that have been designated as being no longer needed in research conducted or supported by the Public Health Service, and for other purposes. [Intr...


Other Documents:

106th Congressional Bills Records and Documents

GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information.
House Rules:

104th House Rules
105th House Rules
106th House Rules

Congressional Bills:

104th Congressional Bills
105th Congressional Bills
106th Congressional Bills
107th Congressional Bills
108th Congressional Bills

Supreme Court Decisions

Supreme Court Decisions

Additional

1995 Privacy Act Documents
1997 Privacy Act Documents
1994 Unified Agenda
2004 Unified Agenda

Congressional Documents:

104th Congressional Documents
105th Congressional Documents
106th Congressional Documents
107th Congressional Documents
108th Congressional Documents

Congressional Directory:

105th Congressional Directory
106th Congressional Directory
107th Congressional Directory
108th Congressional Directory

Public Laws:

104th Congressional Public Laws
105th Congressional Public Laws
106th Congressional Public Laws
107th Congressional Public Laws
108th Congressional Public Laws

Presidential Records

1994 Presidential Documents
1995 Presidential Documents
1996 Presidential Documents
1997 Presidential Documents
1998 Presidential Documents
1999 Presidential Documents
2000 Presidential Documents
2001 Presidential Documents
2002 Presidential Documents
2003 Presidential Documents
2004 Presidential Documents

Home Executive Judicial Legislative Additional Reference About Privacy