COPYRIGHT ACT

« 17 USC Sec. 1312 | Index | 17 USC Sec. 1314 »

17 USC Sec. 1313 - Examination of application and issue or refusal of registration

      (a) Determination of Registrability of Design; Registration. -

    Upon the filing of an application for registration in proper form

    under section 1310, and upon payment of the fee prescribed under

    section 1316, the Administrator shall determine whether or not the

    application relates to a design which on its face appears to be

    subject to protection under this chapter, and, if so, the Register

    shall register the design.  Registration under this subsection

    shall be announced by publication.  The date of registration shall

    be the date of publication.

      (b) Refusal To Register; Reconsideration. - If, in the judgment

    of the Administrator, the application for registration relates to a

    design which on its face is not subject to protection under this

    chapter, the Administrator shall send to the applicant a notice of

    refusal to register and the grounds for the refusal.  Within 3

    months after the date on which the notice of refusal is sent, the

    applicant may, by written request, seek reconsideration of the

    application.  After consideration of such a request, the

    Administrator shall either register the design or send to the

    applicant a notice of final refusal to register.

      (c) Application To Cancel Registration. - Any person who believes

    he or she is or will be damaged by a registration under this

    chapter may, upon payment of the prescribed fee, apply to the

    Administrator at any time to cancel the registration on the ground

    that the design is not subject to protection under this chapter,

    stating the reasons for the request.  Upon receipt of an

    application for cancellation, the Administrator shall send to the

    owner of the design, as shown in the records of the Office of the

    Administrator, a notice of the application, and the owner shall

    have a period of 3 months after the date on which such notice is

    mailed in which to present arguments to the Administrator for

    support of the validity of the registration.  The Administrator

    shall also have the authority to establish, by regulation,

    conditions under which the opposing parties may appear and be heard

    in support of their arguments.  If, after the periods provided for

    the presentation of arguments have expired, the Administrator

    determines that the applicant for cancellation has established that

    the design is not subject to protection under this chapter, the

    Administrator shall order the registration stricken from the

    record.  Cancellation under this subsection shall be announced by

    publication, and notice of the Administrator's final determination

    with respect to any application for cancellation shall be sent to

    the applicant and to the owner of record.  Costs of the

    cancellation procedure under this subsection shall be borne by the

    nonprevailing party or parties, and the Administrator shall have

    the authority to assess and collect such costs.

-SOURCE-

    (Added Pub. L. 105-304, title V, Sec. 502, Oct. 28, 1998, 112 Stat.

    2911; amended Pub. L. 106-113, div.  B, Sec. 1000(a)(9) (title V,

    Sec. 5005(a)(4)), Nov. 29, 1999, 113 Stat. 1536, 1501A-594.)

-MISC1-

                                 AMENDMENTS

      1999 - Subsec. (c). Pub. L. 106-113 inserted at end ''Costs of

    the cancellation procedure under this subsection shall be borne by

    the nonprevailing party or parties, and the Administrator shall

    have the authority to assess and collect such costs.''

-SECREF-

                   SECTION REFERRED TO IN OTHER SECTIONS

      This section is referred to in sections 1304, 1321 of this title.
	  

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