[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: 37CFR7.31]

[Page 319]
 
              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. 7.31  Requirements for transformation of an extension of protection to the United States into a U.S. application.

    If the International Bureau cancels an international registration in 
whole or in part, under Article 6(4) of the Madrid Protocol, the holder 
of that international registration may file a request to transform the 
corresponding pending or registered extension of protection to the 
United States into an application under section 1 or 44 of the Act.
    (a) The holder of the international registration must file a request 
for transformation within three months of the date of cancellation of 
the international registration and include:
    (1) The serial number or registration number of the extension of 
protection to the United States;
    (2) The name and address of the holder of the international 
registration;
    (3) The application filing fee for at least one class of goods or 
services required by Sec. 2.6(a)(1) of this chapter; and
    (4) An e-mail address for receipt of correspondence from the Office.
    (b) If the request for transformation contains all the elements set 
forth in paragraph (a) of this section, the extension of protection 
shall be transformed into an application under section 1 and/or 44 of 
the Act and accorded the same filing date and the same priority that was 
accorded to the extension of protection.
    (c) The application under section 1 and/or 44 of the Act that 
results from a transformed extension of protection will be examined 
under part 2 of this chapter.
    (d) A request for transformation that fails to contain all the 
elements set forth in paragraph (a) of this section will not be 
accepted.

[68 FR 55769, Sept. 26, 2003, as amended at 69 FR 57186, Sept. 24, 2004]