1057. ( 7) Certificates of registration

1057. ( 7) Certificates of registration

This statute addresses the following:

• describes the certificate that is issued when a mark is placed on the principal register

• provides that the certificate shall be considered proof of ownership if ownership later becomes an issue, and

• provides that the date of the trademark application shall be considered proof of the date of first use for the purpose of any dispute about ownership, provided that the mark is subsequently placed on the principal register.

• Sections d-h of 1057 which govern such issues as the issuance to assignee, surrender, cancellation, or amendment of the application by registrant and the use of copies of Patent and Trademark Office records as evidence

1. Issuance and form

   Certificates of registration of marks registered upon the principal register shall be issued in the name of the United States of America, under the seal of the Patent and Trademark Office, and shall be signed by the Director or have his signature placed thereon, and a record thereof shall be kept in the Patent and Trademark Office. The registration shall reproduce the mark, and state that the mark is registered on the principal register under this chapter, the date of the first use of the mark, the date of the first use of the mark in commerce, the particular goods or services for which it is registered, the number and date of the registration, the term thereof, the date on which the application for registration was received in the Patent and Trademark Office, and any conditions and limitations that may be imposed in the registration.

2. Certificate as prima facie evidence

   A certificate of registration of a mark upon the principal register provided by this chapter shall be prima facie evidence of the validity of the registered mark and of the registration of the mark, of the registrant’s ownership of the mark, and of the registrant’s exclusive right to use the registered mark in commerce on or in connection with the goods or services specified in the certificate, subject to any conditions or limitations stated in the certificate.

3. Application to register mark considered constructive use

   Contingent on the registration of a mark on the principal register provided by this chapter, the filing of the application to register such mark shall constitute constructive use of the mark, conferring a right of priority, nationwide in effect, on or in connection with the goods or services specified in the registration against any other person except for a person whose mark has not been abandoned and who, prior to such filing—

   1. has used the mark;

   2. has filed an application to register the mark which is pending or has resulted in registration of the mark; or

   3. has filed a foreign application to register the mark on the basis of which he or she has acquired a right of priority, and timely files an application under section 1126(d) of this title to register the mark which is pending or has resulted in registration of the mark.

4. Issuance to assignee

   A certificate of registration of a mark may be issued to the assignee or the applicant, but the assignment must first be recorded in the Patent and Trademark Office. In case of change of ownership the Director shall, at the request of the owner and upon a proper showing and the payment of the prescribed fee, issue to such assignee a new certificate of registration of the said mark in the name of such assignee, and for the unexpired part of original period.