2019 US Code
Title 15 - Commerce and Trade
Chapter 22 - Trademarks
Subchapter I - The Principal Register
Sec. 1068 - Action of Director in interference, opposition, and proceedings for concurrent use registration or for cancellation
15 U.S.C. § 1068 (2019) |
§1068. Action of Director in interference, opposition, and proceedings for concurrent use registration or for cancellation |
In such proceedings the Director may refuse to register the opposed mark, may cancel the registration, in whole or in part, may modify the application or registration by limiting the goods or services specified therein, may otherwise restrict or rectify with respect to the register the registration of a registered mark, may refuse to register any or all of several interfering marks, or may register the mark or marks for the person or persons entitled thereto, as the rights of the parties under this chapter may be established in the proceedings: Provided, That in the case of the registration of any mark based on concurrent use, the Director shall determine and fix the conditions and limitations provided for in subsection (d) of section 1052 of this title. 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 I, §18, 60 Stat. 434; Pub. L. 100–667, title I, §118, Nov. 16, 1988, 102 Stat. 3941; Pub. L. 106–113, div. B, §1000(a)(9) [title IV, §4732(b)(1)(B)], Nov. 29, 1999, 113 Stat. 1536, 1501A–583.) |
PRIOR PROVISIONS
Act Feb. 20, 1905, ch. 592, §§7, 13, 33 Stat. 726, 728. AMENDMENTS1999—Pub. L. 106–113 substituted "Director" for "Commissioner" in two places. 1988—Pub. L. 100–667 substituted "the registration, in whole or in part, may modify the application or registration by limiting the goods or services specified therein, may otherwise restrict or rectify with respect to the register" for "or restrict", and "may refuse" for "or may refuse", and inserted provisions that no final judgment be entered before mark is registered if applicant cannot prevail without establishing constructive use. EFFECTIVE DATE OF 1999 AMENDMENTAmendment 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. 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. 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. |
United States Code, 2018 Edition, Supplement 1, Title 15 - COMMERCE AND TRADE |
Bills and Statutes |
United States Code |
Y 1.2/5: |
Title 15 - COMMERCE AND TRADE CHAPTER 22 - TRADEMARKS SUBCHAPTER I - THE PRINCIPAL REGISTER Sec. 1068 - Action of Director in interference, opposition, and proceedings for concurrent use registration or for cancellation |
section 1068 |
2019 |
January 24, 2020 |
No |
standard |
33 Stat. 726 60 Stat. 434 64 Stat. 1263 102 Stat. 3941 113 Stat. 1536 |
Public Law 100-667, Public Law 106-113 |