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.