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...


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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.

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