---
kind: "section"
citation: "37 C.F.R. § 7.28"
title: "37"
number: "7.28"
heading: "Replacement of U.S. registration by registered extension of protection."
url: "https://uscodex.org/cfr/37/7.28"
---

# §7.28. Replacement of U.S. registration by registered extension of protection.

- (a) A registered extension of protection affords the same rights as those afforded to a previously issued U.S. registration if:
  - (1) Both registrations are owned by the same person and identify the same mark; and
  - (2) All the goods and/or services listed in the U.S. registration that are identified for replacement are covered by the registered extension of protection.
- (b) The holder of an international registration with a registered extension of protection to the United States that meets the requirements of [paragraph (a)](#a) of this section, or with a pending request for extension of protection that, once registered, will meet the requirements of [paragraph (a)](#a) of this section, may file a request to note replacement of the U.S. registration with the extension of protection. If the request to note replacement is filed in reference to a pending request for extension of protection, the request will not be processed until the extension of protection registers.
- (c) If the request to note replacement contains all of the following, the Office will take note of the replacement in its automated records:
  - (1) The serial number or registration number of the extension of protection;
  - (2) The registration number of the replaced U.S. registration;
  - (3) The goods and/or services for which replacement is requested; and
  - (4) The fee required by [§ 7.6](/cfr/37/7.6.md).
- (d) If the request to note replacement is denied, the Office will notify the holder of the reason(s) for refusal.

## Notes

### Amendments

[90 FR 23290, June 2, 2025]

### Authority

Authority: 15 U.S.C. 1123, 35 U.S.C. 2, Pub. L. 116-260, 134 Stat. 1182, unless otherwise noted.

### Source

Source: 68 FR 55769, Sept. 26, 2003, unless otherwise noted.

### Amendments

[90 FR 23290, June 2, 2025]