PUBLIC LAW 105-330—OCT. 30, 1998
112 STAT. 3067
"(2) If any submission filed under this section is deficient,
the deficiency may be corrected after the statutory time period
and within the time prescribed after notification of the deficiency.
Such submission is required to be accompanied by a surcharge
prescribed by the Commissioner.
"(d) Special notice of the requirement for affidavits under this
section shall be attached to each certificate of registration and
notice of publication under section 12(c).
"(e) The Commissioner shall notify any owner who files 1 of
the affidavits required by this section of the Commissioner's acceptance or refusal thereof and, in the case of a refusal, the reasons
therefor.
"(f) If the registrant is not domiciled in the United States,
the registrant shall designate by a written document filed in the
Patent and Trademark Office the name and address of some 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. 106. RENEWAL OF REGISTRATION.
Section 9 of the Trademark Act of 1946 (15 U.S.C. 1059) is
amended to read as follows:
"R ENEWAL OF REGISTRATION
"SEC. 9. (a) Subject to the provisions of section 8, each registration may be renewed for periods of 10 years at the end of each
successive 10-year period following the date of registration upon
payment of the prescribed fee and the filing of a written application,
in such form as may be prescribed by the Commissioner. Such
application may be made at any time within 1 year before the
end of each successive 10-year period for which the registration
was issued or renewed, or it may be made within a grace period
of 6 months after the end of each successive 10-year period, upon
payment of a fee and surcharge prescribed therefor. If any application filed under this section is deficient, the deficiency may be
corrected within the time prescribed after notification of the deficiency, upon payment of a surcharge prescribed therefor.
"(b) If the Commissioner refiises to renew the registration,
the Commissioner shall notify the registreint of the Commissioner's
refusal and the reasons therefor.
"(c) If the registrant is not domiciled in the United States,
the registrant shall designate by a written document filed in the
Patent and Trademark Office the name and address of some 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.".
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