Upon petition showing extraordinary circumstances, the Director 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. 54060 Stat. 434Pub. L. 87–772, § 1176 Stat. 771Pub. L. 97–247, § 1196 Stat. 321Pub. L. 100–667, title I, § 117102 Stat. 3941Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(b)(1)(B)]113 Stat. 1536(, title I, § 16, ; , , ; , , ; , , ; , , , 1501A–583.)
Editorial Notes
Prior Provisions
Amendments
Pub. L. 106–1131999— substituted “Director” for “Commissioner”.
Pub. L. 100–6671988— substituted “used on or in connection with the goods or services” for “applied to the goods or when used in connection with the services”.
Pub. L. 97–2471982— 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”.
Pub. L. 87–7721962— struck out “purchasers” after “or to deceive”.
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 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 1982 Amendment
Pub. L. 97–247section 17(c) of Pub. L. 97–247section 294 of Title 35Amendment by effective six months after , see , set out as a note under , Patents.
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.