equired by this chapter-
(1) may be made-
(A) before any person in the United States authorized by law to
administer oaths; or
(B) when made in a foreign country, before any diplomatic or consular
officer of the United States authorized to administer oaths, or before
any official authorized to administer oaths in the foreign country
concerned, whose authority shall be proved by a certificate of a
diplomatic or consular officer of the United States; and
(2) shall be valid if they comply with the laws of the State or country
where made.
(b) Written Declaration in Lieu of Oath. (1) The Administrator may by
rule prescribe that any document which is to be filed under this chapter
in the Office of the Administrator and which is required by any law,
rule, or other regulation to be under oath, may be subscribed to by a
written declaration in such form as the Administrator may prescribe, and
such declaration shall be in lieu of the oath otherwise required.
(2) Whenever a written declaration under paragraph (1) is used, the
document containing the declaration shall state that willful false
statements are punishable by fine or imprisonment, or both, pursuant to
section 1001 of title 18, and may jeopardize the validity of the
application or document or a registration resulting therefrom.
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 Adm
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