if the Patent and Trademark Office is the office of origin
with respect to that mark.
‘‘SEC. 66. EFFECT OF FILING A REQUEST FOR EXTENSION
OF PROTECTION OF AN INTERNATIONAL
REGISTRATION TO THE UNITED STATES.
‘‘(a) REQUIREMENT FOR REQUEST FOR EXTENSION
OF PROTECTION.—A request for extension of protection
of an international registration to the United States that
the International Bureau transmits to the Patent and
Trademark Office shall be deemed to be properly filed in
the United States if such request, when received by the
International Bureau, has attached to it a declaration of
bona fide intention to use the mark in commerce that is
verified by the applicant for, or holder of, the international
registration.
‘‘(b) EFFECT OF PROPER FILING.—Unless extension
of protection is refused under section 68, the proper filing
of the request for extension of protection under subsection
(a) shall constitute constructive use of the mark, confer-
ring the same rights as those specified in section 7(c), as
of the earliest of the following:
‘‘(1) The international registration date, if the
request for extension of protection was filed in the
international application.
‘‘(2) The date of recordal of the request for ex-
tension of protection, if the request for extension of
protection was made after the international registra-
tion date.
‘‘(3) The date of priority claimed pursuant to
section 67.
‘‘SEC. 67. RIGHT OF PRIORITY FOR REQUEST FOR EXTEN-
SION 
OF 
PROTECTION 
TO 
THE 
UNITED
STATES.
‘‘The holder of an international registration with an
extension of protection to the United States shall be enti-
tled to claim a date of priority based on the right of prior-
ity within the meaning of Article 4 of the Paris Convention
for the Protection of Industrial Property if—
‘‘(1) the international registration contained a
claim of such priority; and
‘‘(2)(A) the international application contained
a request for extension of protection to the United
States, or
‘‘(B) the date of recordal of the request for ex-
tension of protection to the United States is not
later than 6 months after the date of the first regu-
lar national filing (within the meaning of Article
4(A)(3) of the Paris Convention for the Protection
of Industrial Property) or a subsequent application
(within the meaning of Article 4(C)(4) of the Paris
Convention).
‘‘SEC. 68. EXAMINATION OF AND OPPOSITION TO REQUEST
FOR EXTENSION OF PROTECTION; NOTIFICA-
TION OF REFUSAL.
‘‘(a) EXAMINATION AND OPPOSITION.—(1) A request
for extension of protection described in section 66(a) shall
be examined as an application for registration on the Prin-
cipal Register under this Act, and if on such examination
it appears that the applicant is entitled to extension of
protection under this title, the Commissioner shall cause
the mark to be published in the Official Gazette of the
Patent and Trademark Office.
‘‘(2) Subject to the provisions of subsection (c), a re-
quest for extension of protection under this title shall be
subject to opposition under section 13. Unless successfully
opposed, the request for extension of protection shall not
be refused.
‘‘(3) Extension of protection shall not be refused
under this section on the ground that the mark has not
been used in commerce.
‘‘(4) Extension of protection shall be refused under
this section to any mark not registrable on the Principal
Register.
‘‘(b) NOTIFICATION OF REFUSAL.—If, a request for
extension of protection is refused under subsection (a), the
Commissioner shall declare in a notification of refusal (as
provided in subsection (c)) that the extension of protection
cannot be granted, together with a statement of all
grounds on which the refusal was based.
‘‘(c) NOTICE
TO
INTERNATIONAL
BUREAU.—(1)
Within 18 months after the date on which the Inter-
national Bureau transmits to the Patent and Trademark
Office a notification of a request for extension of protec-
tion, the Commissioner shall transmit to the International
Bureau any of the following that applies to such request:
‘‘(A) A notification of refusal based on an ex-
amination of the request for extension of protection.
‘‘(B) A notification of refusal based on the fil-
ing of an opposition to the request.
‘‘(C) A notification of the possibility that an op-
position to the request may be filed after the end of
that 18-month period.
‘‘(2) If the Commissioner has sent a notification of
the possibility of opposition under paragraph (1)(C), the
Commissioner shall, if applicable, transmit to the Inter-
national Bureau a notification of refusal on the basis of
the opposition, together with a statement of all the