§ 7.28 Replacement of U.S. registration by registered extension of protection.

(a) A registered extension of protection affords the same rights as those afforded to a previously issued U.S. registration if: (1) Both registrations are owned by the same person and identify the same mark; and (2) All the goods and/or services listed in the U.S. registration that are identified for replacement are covered by the registered extension of protection. (b) The holder of an international registration with a registered extension of protection to the United States that meets the requirements of paragraph (a) of this section, or with a pending request for extension of protection that, once registered, will meet the requirements of paragraph (a) of this section, may file a request to note replacement of the U.S. registration with the extension of protection. If the request to note replacement is filed in reference to a pending request for extension of protection, the request will not be processed until the extension of protection registers. (c) If the request to note replacement contains all of the following, the Office will take note of the replacement in its automated records: (1) The serial number or registration number of the extension of protection; (2) The registration number of the replaced U.S. registration; (3) The goods and/or services for which replacement is requested; and (4) The fee required by § 7.6. (d) If the request to note replacement is denied, the Office will notify the holder of the reason(s) for refusal.