1946 (commonly referred to as the ‘‘Lanham Act’’; 15 
U.S.C. 1051 et seq.). 
SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS. 
(a) CERTIFICATES OF REGISTRATION.—Section 7 of 
the Trademark Act of 1946 (15 U.S.C. 1057) is amend-
ed— 
(1) by inserting ‘‘United States’’ before ‘‘Patent 
and Trademark Office’’ each place that term ap-
pears; 
(2) in subsection (b), by striking ‘‘registrant’s’’ 
each place that appears and inserting ‘‘owner’s’’; 
(3) in subsection (e)— 
(A) by striking ‘‘registrant’’ each place 
that term appears and inserting ‘‘owner’’; and 
(B) in the third sentence, by striking ‘‘or, 
if said certificate is lost or destroyed, upon a 
certified copy thereof’’; and 
(4) by amending subsection (g) to read as fol-
lows: 
‘‘(g) CORRECTION OF PATENT AND TRADEMARK OF-
FICE MISTAKE.—Whenever a material mistake in a reg-
istration, incurred through the fault of the United States 
Patent and Trademark Office, is clearly disclosed by the 
records of the Office a certificate stating the fact and na-
ture of such mistake shall be issued without charge and 
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recorded and a printed copy thereof shall be attached to 
each printed copy of the registration and such corrected 
registration shall thereafter have the same effect as if the 
same had been originally issued in such corrected form, 
or in the discretion of the Director a new certificate of 
registration may be issued without charge. All certificates 
of correction heretofore issued in accordance with the rules 
of the United States Patent and Trademark Office and 
the registrations to which they are attached shall have the 
same force and effect as if such certificates and their issue 
had been specifically authorized by statute.’’. 
(b) INCONTESTABILITY OF RIGHT TO USE MARK 
UNDER CERTAIN CONDITIONS.—Section 15 of the Trade-
mark Act of 1946 (15 U.S.C. 1065) is amended— 
(1) by striking ‘‘right of the registrant’’ and in-
serting ‘‘right of the owner’’; 
(2) by amending paragraph (1) to read as fol-
lows: 
‘‘(1) there has been no final decision adverse to 
the owner’s claim of ownership of such mark for 
such goods or services, or to the owner’s right to 
register the same or to keep the same on the reg-
ister; and’’; and 
(3) in paragraph (2), by inserting ‘‘United 
States’’ before ‘‘Patent and Trademark Office’’. 
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(c) APPEAL TO COURTS.—Section 21 of the Trade-
mark Act of 1946 (15 U.S.C. 1071) is amended— 
(1) by inserting ‘‘United States’’ before ‘‘Patent 
and Trademark Office’’ each place that term ap-
pears; 
(2) in subsection (a)(1), by inserting ‘‘or section 
71’’ after ‘‘section 8’’; and 
(3) in subsection (b)(4), by striking ‘‘If there 
be’’ and inserting ‘‘If there are’’. 
(d) CONFORMING
REQUIREMENTS
FOR
AFFIDA-
VITS.— 
(1) DURATION, AFFIDAVITS AND FEES.—Sec-
tion 8 of the Trademark Act of 1946 (15 U.S.C. 
1058) is amended to read as follows: 
‘‘SEC. 8. DURATION, AFFIDAVITS AND FEES. 
‘‘(a) TIME PERIODS FOR REQUIRED AFFIDAVITS.— 
Each registration shall remain in force for 10 years, ex-
cept that the registration of any mark shall be canceled 
by the Director unless the owner of the registration files 
in the United States Patent and Trademark Office affida-
vits that meet the requirements of subsection (b), within 
the following time periods: 
‘‘(1) Within the 1-year period immediately pre-
ceding the expiration of 6 years following the date 
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of registration under this Act or the date of the pub-
lication under section 12(c). 
‘‘(2) Within the 1-year period immediately pre-
ceding the expiration of 10 years following the date 
of registration, and each successive 10-year period 
following the date of registration. 
‘‘(3) The owner may file the affidavit required 
under this section within the 6-month grace period 
immediately following the expiration of the periods 
established in paragraphs (1) and (2), together with 
the fee described in subsection (b) and the additional 
grace period surcharge prescribed by the Director. 
‘‘(b) REQUIREMENTS FOR AFFIDAVIT.—The affidavit 
referred to in subsection (a) shall— 
‘‘(1)(A) state that the mark is in use in com-
merce; 
‘‘(B) set forth the goods and services recited in 
the registration on or in connection with which the 
mark is in use in commerce; 
‘‘(C) be accompanied by such number of speci-
mens or facsimiles showing current use of the mark 
in commerce as may be required by the Director; 
and 
‘‘(D) be accompanied by the fee prescribed by 
the Director; or 
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‘‘(2)(A) set forth the goods and services recited 
in the registration on or in connection with which 
the mark is not in use in commerce; 
‘‘(B) include a showing that any nonuse is due 
to special circumstances which excuse such nonuse 
and is not due to any intention to abandon the 
mark; and 
‘‘(C) be accompanied by the fee prescribed by 
the Director. 
‘‘(c) DEFICIENT AFFIDAVIT.—If any submission filed 
within the period set forth in subsection (a) is deficient, 
including that the affidavit was not filed in the name of 
the owner of the registration, the deficiency may be cor-
rected after the statutory time period, within the time pre-
scribed after notification of the deficiency. Such submis-
sion shall be accompanied by the additional deficiency sur-
charge prescribed by the Director. 
‘‘(d) NOTICE OF REQUIREMENT.—Special notice of 
the requirement for such affidavit shall be attached to 
each certificate of registration and notice of publication 
under section 12(c). 
‘‘(e) NOTIFICATION OF ACCEPTANCE OR REFUSAL.— 
The Director shall notify any owner who files any affidavit 
required by this section of the Director’s acceptance or 
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refusal thereof and, in the case of a refusal, the reasons 
therefor. 
‘‘(f) DESIGNATION OF RESIDENT FOR SERVICE OF 
PROCESS AND NOTICES.—If the owner is not domiciled 
in the United States, the owner may designate, by a docu-
ment filed in the United States Patent and Trademark 
Office, the name and address of a person resident in the 
United States on whom may be served notices or process 
in proceedings affecting the mark. Such notices or process 
may be served upon the person so designated by leaving 
with that person or mailing to that person a copy thereof 
at the address specified in the last designation so filed. 
If the person so designated cannot be found at the last 
designated address, or if the owner does not designate by 
a document filed in the United States Patent and Trade-
mark Office the name and address of a person resident 
in the United States on whom may be served notices or 
process in proceedings affecting the mark, such notices or 
process may be served on the Director.’’. 
(2) AFFIDAVITS AND FEES.—Section 71 of the 
Trademark Act of 1946 (15 U.S.C. 1141k) is 
amended to read as follows: 
‘‘SEC. 71. DURATION, AFFIDAVITS AND FEES. 
‘‘(a) TIME PERIODS FOR REQUIRED AFFIDAVITS.— 
Each extension of protection for which a certificate has 
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