15 U.S.C. § 1063 | Opposition to registration

(a)

section 1125(c) of this title section 1062 of this title Any person who believes that he would be damaged by the registration of a mark upon the principal register, including the registration of any mark which would be likely to cause dilution by blurring or dilution by tarnishment under , may, upon payment of the prescribed fee, file an opposition in the Patent and Trademark Office, stating the grounds therefor, within thirty days after the publication under subsection (a) of of the mark sought to be registered. Upon written request prior to the expiration of the thirty-day period, the time for filing opposition shall be extended for an additional thirty days, and further extensions of time for filing opposition may be granted by the Director for good cause when requested prior to the expiration of an extension. The Director shall notify the applicant of each extension of the time for filing opposition. An opposition may be amended under such conditions as may be prescribed by the Director.

(b)

Unless registration is successfully opposed—

(1)

section 1051(a) of this title section 1126 of this title a mark entitled to registration on the principal register based on an application filed under or pursuant to shall be registered in the Patent and Trademark Office, a certificate of registration shall be issued, and notice of the registration shall be published in the Official Gazette of the Patent and Trademark Office; or

(2)

section 1051(b) of this title a notice of allowance shall be issued to the applicant if the applicant applied for registration under .

July 5, 1946, ch. 540 60 Stat. 433 Pub. L. 87–772, § 8Oct. 9, 196276 Stat. 771 Pub. L. 93–596, § 1Jan. 2, 197588 Stat. 1949 Pub. L. 93–600, § 1Jan. 2, 197588 Stat. 1955 Pub. L. 97–247, § 9(a)Aug. 27, 198296 Stat. 320 Pub. L. 100–667, title I, § 114Nov. 16, 1988102 Stat. 3940 Pub. L. 106–43, § 2(b)Aug. 5, 1999113 Stat. 218 Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(b)(1)(B)]Nov. 29, 1999113 Stat. 1536 Pub. L. 109–312, § 3(b)Oct. 6, 2006120 Stat. 1732(, title I, § 13, ; , , ; , , ; , , ; , , ; , , ; , , ; , , , 1501A–583; , , .)

Editorial Notes

Prior Provisions

Feb. 20, 1905, ch. 592 33 Stat. 726 Mar. 2, 1907, ch. 2573, § 2 34 Stat. 1252Acts , §§ 6, 7, ; , .

Amendments

Pub. L. 109–3122006—Subsec. (a). substituted “the registration of any mark which would be likely to cause dilution by blurring or dilution by tarnishment” for “as a result of dilution”.

Pub. L. 106–1131999—Subsec. (a). substituted “Director” for “Commissioner” wherever appearing.

Pub. L. 106–43 section 1125(c) of this title inserted “, including as a result of dilution under ,” after “principal register” in first sentence.

Pub. L. 100–6671988— designated existing provisions as subsec. (a), substituted “prescribed fee” for “required fee”, and added subsec. (b).

Pub. L. 97–2471982— substituted “an” for “a verified” after “required fee, file”, inserted “when requested prior to the expiration of an extension” after “Commissioner for good cause” and struck out provision that an unverified opposition could be filed by a duly authorized attorney, but such opposition would be null and void unless verified by the opposer within a reasonable time after such filing is fixed by the Commissioner.

Pub. L. 93–6001975— substituted provisions relating to extensions of time for filing opposition upon written request prior to the expiration of the thirty-day period for an additional thirty days, and further extensions for good cause, for provisions relating to extensions of the time for filing opposition for good cause shown.

Pub. L. 93–596 substituted “Patent and Trademark Office” for “Patent Office”.

Pub. L. 87–7721962— inserted “An opposition may be amended under such conditions as may be prescribed by the Commissioner”, and struck out “notice of” after “file a verified” and “time for filing”.

Statutory Notes and Related Subsidiaries

Effective Date of 1999 Amendments

Pub. L. 106–113Nov. 29, 1999Pub. L. 106–113 section 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.

Pub. L. 106–43Aug. 5, 1999Jan. 16, 1996section 2(e) of Pub. L. 106–43 section 1052 of this titleAmendment by effective , and applicable only to any application for registration filed on or after , see , set out as a note under .

Effective Date of 1988 Amendment

Pub. L. 100–667Nov. 16, 1988section 136 of Pub. L. 100–667 section 1051 of this titleAmendment by effective one year after , see , set out as a note under .

Effective Date of 1982 Amendment

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

Effective Date of 1975 Amendments

Pub. L. 93–600, § 4Jan. 2, 197588 Stat. 1955

Jan. 2, 1975“This Act [amending this section and sections 1071 and 1117 of this title] shall become effective upon enactment [], but shall not affect any suit, proceeding, or appeal then pending.”

, , , provided that:

Pub. L. 93–596Jan. 2, 1975section 4 of Pub. L. 93–596 section 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

May 24, 195064 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.