[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: 37CFR7.36]

[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 F_Affidavit Under Section 71 of the Act for Extension of 
                     Protection to the United States
 
Sec. 7.36  Affidavit or declaration of use in commerce or excusable nonuse required to avoid cancellation of an extension of protection to the United States.


    (a) Subject to the provisions of section 71 of the Act, a registered 
extension of protection shall remain in force for the term of the 
international registration upon which it is based unless the 
international registration expires or is cancelled under section 70 of 
the Act due to cancellation of the international registration by the 
International Bureau.
    (b) During the following time periods, the holder of an 
international registration must file an affidavit or declaration of use 
or excusable nonuse, or the registered extension of protection will be 
cancelled under section 71 of the Act:
    (1) On or after the fifth anniversary and no later than the sixth 
anniversary after the date of registration in the United States; and
    (2) Within the six-month period preceding the end of each ten-year 
period after the date of registration in the United States, or the 
three-month grace period immediately following, with payment of the 
grace period surcharge required by section 71(a)(2)(B) of the Act and 
Sec. 7.6.