2015 US Code
Title 15 - Commerce and Trade (Sections 1 - 8405)
Chapter 22 - Trademarks (Sections 1051 - 1141n)
Subchapter II - The Supplemental Register (Sections 1091 - 1096)
Sec. 1092 - Publication; not subject to opposition; cancellation
Publication Title | United States Code, 2012 Edition, Supplement 3, Title 15 - COMMERCE AND TRADE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 15 - COMMERCE AND TRADE CHAPTER 22 - TRADEMARKS SUBCHAPTER II - THE SUPPLEMENTAL REGISTER Sec. 1092 - Publication; not subject to opposition; cancellation |
Contains | section 1092 |
Date | 2015 |
Laws In Effect As Of Date | January 3, 2016 |
Positive Law | No |
Disposition | standard |
Source Credit | July 5, 1946, ch. 540, title II, §24, 60 Stat. 436; Pub. L. 85-609, §1(d), Aug. 8, 1958, 72 Stat. 540; Pub. L. 87-772, §14, Oct. 9, 1962, 76 Stat. 773; Pub. L. 93-596, §1, Jan. 2, 1975, 88 Stat. 1949; Pub. L. 100-667, title I, §122, Nov. 16, 1988, 102 Stat. 3943; Pub. L. 106-43, §2(d), Aug. 5, 1999, 113 Stat. 218; Pub. L. 106-113, div. B, §1000(a)(9) [title IV, §4732(b)(1)(B)], Nov. 29, 1999, 113 Stat. 1536, 1501A-583; Pub. L. 109-312, §3(d), Oct. 6, 2006, 120 Stat. 1732. |
Statutes at Large References | 41 Stat. 534 60 Stat. 436 64 Stat. 1263 72 Stat. 540 76 Stat. 773 88 Stat. 1949 102 Stat. 3943 113 Stat. 218, 1536 120 Stat. 1732 |
Public and Private Laws | Public Law 85-609, Public Law 87-772, Public Law 93-596, Public Law 100-667, Public Law 106-43, Public Law 106-113, Public Law 109-312 |
Download PDF
Marks for the supplemental register shall not be published for or be subject to opposition, but shall be published on registration in the Official Gazette of the Patent and Trademark Office. Whenever any person believes that such person is or will be damaged by the registration of a mark on the supplemental register—
(1) for which the effective filing date is after the date on which such person's mark became famous and which would be likely to cause dilution by blurring or dilution by tarnishment under section 1125(c) of this title; or
(2) on grounds other than dilution by blurring or dilution by tarnishment,
such person may at any time, upon payment of the prescribed fee and the filing of a petition stating the ground therefor, apply to the Director to cancel such registration. The Director shall refer such application to the Trademark Trial and Appeal Board which shall give notice thereof to the registrant. If it is found after a hearing before the Board that the registrant is not entitled to registration, or that the mark has been abandoned, the registration shall be canceled by the Director. However, no final judgment shall be entered in favor of an applicant under section 1051(b) of this title before the mark is registered, if such applicant cannot prevail without establishing constructive use pursuant to section 1057(c) of this title.
(July 5, 1946, ch. 540, title II, §24, 60 Stat. 436; Pub. L. 85–609, §1(d), Aug. 8, 1958, 72 Stat. 540; Pub. L. 87–772, §14, Oct. 9, 1962, 76 Stat. 773; Pub. L. 93–596, §1, Jan. 2, 1975, 88 Stat. 1949; Pub. L. 100–667, title I, §122, Nov. 16, 1988, 102 Stat. 3943; Pub. L. 106–43, §2(d), Aug. 5, 1999, 113 Stat. 218; Pub. L. 106–113, div. B, §1000(a)(9) [title IV, §4732(b)(1)(B)], Nov. 29, 1999, 113 Stat. 1536, 1501A–583; Pub. L. 109–312, §3(d), Oct. 6, 2006, 120 Stat. 1732.)
PRIOR PROVISIONSAct Mar. 19, 1920, ch. 104, §2, 41 Stat. 534.
AMENDMENTS2006—Pub. L. 109–312 amended second sentence generally. Prior to amendment, second sentence read as follows: "Whenever any person believes that he is or will be damaged by the registration of a mark on this register, including as a result of dilution under section 1125(c) of this title, he may at any time, upon payment of the prescribed fee and the filing of a petition stating the ground therefor, apply to the Director to cancel such registration." The words following "tarnishment," in second sentence are shown as a flush provision notwithstanding directory language showing them as part of cl. (2), to reflect the probable intent of Congress.
1999—Pub. L. 106–113 substituted "Director" for "Commissioner" wherever appearing.
Pub. L. 106–43 inserted ", including as a result of dilution under section 1125(c) of this title," after "register" in second sentence.
1988—Pub. L. 100–667 struck out "verified" after "filing of a", substituted "is not entitled to registration," for "was not entitled to register the mark at the time of his application for registration thereof," struck out "is not used by the registrant or" after "that the mark", and inserted provision that no final judgment be entered before mark is registered if applicant cannot prevail without establishing constructive use.
1975—Pub. L. 93–596 substituted "Patent and Trademark Office" for "Patent Office".
1962—Pub. L. 87–772 provided for payment of the prescribed fee and the filing of a verified petition.
1958—Pub. L. 85–609 substituted provisions requiring the Commissioner to refer applications to the Trademark Trial and Appeal Board for provisions which required referral to the examiner in charge of interferences.
EFFECTIVE DATE OF 1999 AMENDMENTSAmendment by Pub. L. 106–113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, §4731] of Pub. L. 106–113, set out as a note under section 1 of Title 35, Patents.
Amendment by Pub. L. 106–43 effective Aug. 5, 1999, and applicable only to any application for registration filed on or after Jan. 16, 1996, see section 2(e) of Pub. L. 106–43, set out as a note under section 1052 of this title.
EFFECTIVE DATE OF 1988 AMENDMENTAmendment by Pub. L. 100–667 effective one year after Nov. 16, 1988, see section 136 of Pub. L. 100–667, set out as a note under section 1051 of this title.
EFFECTIVE DATE OF 1975 AMENDMENTAmendment by Pub. L. 93–596 effective Jan. 2, 1975, see section 4 of Pub. L. 93–596, set out as a note under section 1111 of this title.
EFFECTIVE DATE OF 1958 AMENDMENTFor effective date and applicability of amendment by Pub. L. 85–609, see section 3 of Pub. L. 85–609, set out as a note under section 1067 of this title.
REPEAL AND EFFECT ON EXISTING RIGHTSRepeal of inconsistent provisions, effect of this chapter on pending proceedings and existing registrations and rights under prior acts, see notes set out under section 1051 of this title.
TRANSFER OF FUNCTIONSFor transfer of functions of other officers, employees, and agencies of Department of Commerce, with certain exceptions, to Secretary of Commerce, with power to delegate, see Reorg. Plan No. 5 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5, Government Organization and Employees.
REORGANIZATION PLAN NO. 5 OF 1950Amendment by Pub. L. 85–609 as subject to Reorganization Plan No. 5 of 1950, see note set out under section 1067 of this title.
Disclaimer: These codes may not be the most recent version. The United States Government Printing Office may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the US site. Please check official sources.