TMEP 1602.03: Act of 1920

October 2017 Edition of the TMEP

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1602.03    Act of 1920

The Act of 1920 did not specify any term of registration.  However, the Act of 1946 provided that 1920 Act registrations would expire six months after July 5, 1947 (the effective date of the 1946 Act), or twenty years from the date of registration, whichever was later. A 1920 Act registration may not be renewed, unless renewal is required to support a foreign registration.  In that instance, the registration may be renewed on the Supplemental Register for a ten‑year period, in the same manner as a registration issued under the 1946 Act.  Trademark Act §46(b), 15 U.S.C. §1051 note; 37 C.F.R. §2.181(c).  See TMEP §§1606 et seq. regarding renewal.

The requirement that renewal be necessary to support a foreign registration applies to all renewals of a 1920 Act registration, not just the first renewal. Ex parte U.S. Steel Corp., 157 USPQ 435 (Comm’r Pats. 1968).

The application for renewal of a 1920 Act registration should identify the foreign registration(s) that the renewal is needed to support, the country, the name of the present owner, the registration number, and the date of registration, and must show that the foreign registration(s) is currently in force.

Under §8(a)(2) of the 1946 Act, 15 U.S.C. §1058(a)(2), an affidavit or declaration of use or excusable nonuse under §8 is also required at the end of each successive ten-year period following the date of registration.  However, this requirement does not apply to a registration renewed for a twenty-year term (i.e., a registration renewed prior to November 16, 1989) until a renewal application is due. See TMEP §1604.04(b).