inistrator 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.
Section 1314. Certification of registration
Certificates of registration shall be issued in the name of the United
States under the seal of the Office of the Administrator and shall be
recorded in the official records of the Office. The certificate shall
state the name of the useful article, the date of filing of the
application, the date of registration, and the date the design was made
public, if earlier than the date of filing of the application, and shall
contain a reproduction of the drawing or other pictorial representation
of the design. If a description of the salient features of the design
appears in the application, the description shall also appear in the
certificate. A certificate of
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