[Code of Federal Regulations]
[Title 37, Volume 1]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 37CFR7.28]

[Page 318]
 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
  CHAPTER I--UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF 
                                COMMERCE
 
PART 7_RULES OF PRACTICE IN FILINGS PURSUANT TO THE PROTOCOL RELATING TO THE MADRID AGREEMENT CONCERNING THE INTERNATIONAL REGISTRATION OF MARKS--Table of Contents
 
         Subpart E_Extension of Protection to the United States
 
Sec. 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 
are also listed in 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 may file a request to note replacement 
of the U.S. registration with the extension of protection. If the 
request 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; and
    (3) The fee required by Sec. 7.6.
    (c) If the request to note replacement is denied, the Office will 
notify the holder of the reason(s) for refusal.