Examination and publication
section 1051(d) of this titleProvidedsection 1066 of this titleUpon the filing of an application for registration and payment of the prescribed fee, the Director shall refer the application to the examiner in charge of the registration of marks, who shall cause an examination to be made and, if on such examination it shall appear that the applicant is entitled to registration, or would be entitled to registration upon the acceptance of the statement of use required by , the Director shall cause the mark to be published in the Official Gazette of the Patent and Trademark Office: , That in the case of an applicant claiming concurrent use, or in the case of an application to be placed in an interference as provided for in the mark, if otherwise registrable, may be published subject to the determination of the rights of the parties to such proceedings.
Refusal of registration; amendment of application; abandonment; extensions of time to respond
Republication of marks registered under prior acts
section 1058 of this titlesection 1063 of this titleA registrant of a mark registered under the provisions of the Act of , or the Act of , may, at any time prior to the expiration of the registration thereof, upon the payment of the prescribed fee file with the Director an affidavit setting forth those goods stated in the registration on which said mark is in use in commerce and that the registrant claims the benefits of this chapter for said mark. The Director shall publish notice thereof with a reproduction of said mark in the Official Gazette, and notify the registrant of such publication and of the requirement for the affidavit of use or nonuse as provided for in subsection (b) of . Marks published under this subsection shall not be subject to the provisions of .
July 5, 1946, ch. 54060 Stat. 432Pub. L. 87–772, § 776 Stat. 770Pub. L. 93–596, § 188 Stat. 1949Pub. L. 100–667, title I, § 113102 Stat. 3940Pub. L. 105–330, title I, § 104112 Stat. 3066Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(b)(1)(B)]113 Stat. 1536Pub. L. 116–260, div. Q, title II, § 224134 Stat. 2201(, title I, § 12, ; , , ; , , ; , , ; , , ; , , , 1501A–583; , , .)
Editorial Notes
References in Text
Mar. 3, 1881, ch. 13821 Stat. 502Feb. 20, 1905, ch. 59233 Stat. 724act July 5, 1946, ch. 540, § 46(a)60 Stat. 444Acts and , referred to in subsec. (c), are acts , and , , which were repealed insofar as inconsistent with this chapter by , . Act , was classified to sections 81 to 109 of this title.
Prior Provisions
Feb. 20, 1905, ch. 592, § 633 Stat. 726Mar. 2, 1907, ch. 2573, § 234 Stat. 1252Acts , ; , .
Amendments
Pub. L. 116–2602020—Subsec. (b). amended subsec. (b) generally. Prior to amendment, text read as follows: “If the applicant is found not entitled to registration, the examiner shall advise the applicant thereof and of the reasons therefor. The applicant shall have a period of six months in which to reply or amend his application, which shall then be reexamined. This procedure may be repeated until (1) the examiner finally refuses registration of the mark or (2) the applicant fails for a period of six months to reply or amend or appeal, whereupon the application shall be deemed to have been abandoned, unless it can be shown to the satisfaction of the Director that the delay in responding was unintentional, whereupon such time may be extended.”
Pub. L. 106–1131999— substituted “Director” for “Commissioner” wherever appearing.
Pub. L. 105–3301998—Subsec. (b). substituted “unintentional” for “unavoidable” in last sentence.
Pub. L. 100–667section 1051(d) of this title1988—Subsec. (a). substituted “prescribed fee” for “fee herein provided”, and “entitled to registration, or would be entitled to registration upon the acceptance of the statement of use required by , the” for “entitled to registration, the”.
Pub. L. 93–5961975—Subsec. (a). substituted “Patent and Trademark Office” for “Patent Office”.
Pub. L. 87–7721962—Subsec. (a). inserted proviso permitting publication of the mark in the case of an applicant claiming concurrent use, or an application to be placed in an interference, if such mark is otherwise registrable, subject to the determination of the rights of the parties.
Pub. L. 87–772Subsec. (c). inserted “Marks published under” before “this subsection shall not be subject”.
Statutory Notes and Related Subsidiaries
Effective Date of 1999 Amendment
Pub. L. 106–113Pub. L. 106–113section 1 of Title 35Amendment by effective 4 months after , see section 1000(a)(9) [title IV, § 4731] of , set out as a note under , Patents.
Effective Date of 1998 Amendment
Pub. L. 105–330section 110 of Pub. L. 105–330section 1051 of this titleAmendment by effective on the date that is 1 year after , see , set out as a note under .
Pub. L. 105–330section 109(b) of Pub. L. 105–330section 1051 of this titleFor provisions relating to applicability of amendment by to applications for registration of trademarks, see , set out as a note under .
Effective Date of 1988 Amendment
Pub. L. 100–667section 136 of Pub. L. 100–667section 1051 of this titleAmendment by effective one year after , see , set out as a note under .
Effective Date of 1975 Amendment
Pub. L. 93–596section 4 of Pub. L. 93–596section 1111 of this titleAmendment by effective , see , set out as a note under .
Repeal and Effect on Existing Rights
section 1051 of this titleRepeal of inconsistent provisions, effect of this chapter on pending proceedings and existing registrations and rights under prior acts, see notes set out under .
Executive Documents
Transfer of Functions
64 Stat. 1263For 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. , 15 F.R. 3174, , set out in the Appendix to Title 5, Government Organization and Employees.