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15 U.S.C. § 1058

Duration, affidavits and fees

United States · Title 15 — COMMERCE AND TRADE · Status: effective

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15 U.S.C. § 1058, Duration, affidavits and fees, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/440871
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Full text

Each registration shall remain in force for 10 years, except that the registration of any mark shall be canceled by the Director unless the owner of the registration files in the United States Patent and Trademark Office affidavits that meet the requirements of subsection (b), within the following time periods: The affidavit referred to in subsection (a) shall— If any submission filed within the period set forth in subsection (a) is deficient, including that the affidavit was not filed in the name of the owner of the registration, the deficiency may be corrected after the statutory time period, within the time prescribed after notification of the deficiency. Such submission shall be accompanied by the additional deficiency surcharge prescribed by the Director. Special notice of the requirement for such affidavit shall be attached to each certificate of registration and notice of publication under section 1062(c) of this title. The Director shall notify any owner who files any affidavit required by this section of the Director’s acceptance or refusal thereof and, in the case of a refusal, the reasons therefor. If the owner is not domiciled in the United States, the owner may designate, by a document filed in the United States 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 last designated address, or if the owner does not designate by a document filed in the United States 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 on the Director.

Legislative history

The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone. The law that originally enacted this section predates the public laws loaded here, so only later amendments are listed.

  • Amended byPub. L. 93-596(H.R. 7599)1975-01-02
    A bill to amend the Trademark Act of 1946 and title 35 of the United States Code to change the name of the Patent Office to the "Patent and Trademark Office".
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 97-247(H.R. 6260)1982-08-27
    A bill to authorize appropriations to the Patent and Trademark Office in the Department of Commerce, and for other purposes.
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 100-667(S. 1883)1988-11-16
    Trademark Law Revision Act of 1988
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 105-330(S. 2193)1998-10-30
    Trademark Law Treaty Implementation Act
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 106-113(H.R. 3194)1999-11-29
    Consolidated Appropriations Act, 2000
  • Amended byPub. L. 107-273(H.R. 2215)2002-11-02
    21st Century Department of Justice Appropriations Authorization Act
    House: 400–4Senate: no recorded tally
  • Amended byPub. L. 111-146(S. 2968)2010-03-17
    Trademark Technical and Conforming Amendment Act of 2010
    House: no recorded tallySenate: no recorded tally