1997 U.S. Code
Title 15 - COMMERCE AND TRADE
CHAPTER 22 - TRADE-MARKS
SUBCHAPTER I - THE PRINCIPAL REGISTER
Sec. 1066 - Interference; declaration by Commissioner

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§1066. Interference; declaration by Commissioner

Upon petition showing extraordinary circumstances, the Commissioner may declare that an interference exists when application is made for the registration of a mark which so resembles a mark previously registered by another, or for the registration of which another has previously made application, as to be likely when used on or in connection with the goods or services of the applicant to cause confusion or mistake or to deceive. No interference shall be declared between an application and the registration of a mark the right to the use of which has become incontestable.

(July 5, 1946, ch. 540, title I, §16, 60 Stat. 434; Oct. 9, 1962, Pub. L. 87–772, §11, 76 Stat. 771; Aug. 27, 1982, Pub. L. 97–247, §11, 96 Stat. 321; Nov. 16, 1988, Pub. L. 100–667, title I, §117, 102 Stat. 3941.)

Prior Provisions

Act Feb. 20, 1905, ch. 592, §7, 33 Stat. 726.

Amendments

1988—Pub. L. 100–667 substituted “used on or in connection with the goods or services” for “applied to the goods or when used in connection with the services”.

1982—Pub. L. 97–247 substituted “Upon petition showing extraordinary circumstances, the Commissioner may declare that an interference exists when application is made for the registration of a mark which so resembles a mark previously registered by another, or for the registration of which another has previously made application, as to be likely when applied to the goods or when used in connection with the services of the applicant to cause confusion or mistake or to deceive” for “Whenever application is made for the registration of a mark which so resembles a mark previously registered by another, or for the registration of which another has previously made application, as to be likely when applied to the goods or when used in connection with the services of the applicant to cause confusion or mistake or to deceive, the Commissioner may declare that an interference exists”.

1962—Pub. L. 87–772 struck out “purchasers” after “or to deceive”.

Effective Date of 1988 Amendment

Amendment 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 1982 Amendment

Amendment by Pub. L. 97–247 effective six months after Aug. 27, 1982, see section 17(c) of Pub. L. 97–247, set out as a note under section 294 of Title 35, Patents.

Repeal and Effect on Existing Rights

Repeal 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 Functions

For 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.

Cross References

Cancellation of registration, see section 1064 of this title.

Supplemental register, section inapplicable to trademarks on, see section 1094 of this title.

Section Referred to in Other Sections

This section is referred to in sections 1062, 1094 of this title.