Section 1313. Examination of application and issue or refusal of

registration [4]

(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.

Copyright Law of the United States of America and Related Laws Contained in Title 17 of the United States Code, Circular 92 · 第 15 / 34 章