US Code

Public Law 119-73 (01/23/2026)

15 U.S.C. § 1067

Interference, opposition, and proceedings for concurrent use registration or for cancellation; notice; Trademark Trial and Appeal Board

(a)
In every case of interference, opposition to registration, application to register as a lawful concurrent user, or application to cancel the registration of a mark, the Director shall give notice to all parties and shall direct a Trademark Trial and Appeal Board to determine and decide the respective rights of registration.
(b)
1
1 So in original. Probably should be preceded by “the”.
2
2 So in original. Probably should be followed by a comma.
The Trademark Trial and Appeal Board shall include the Director, Deputy  Director of the United States Patent and Trademark Office  the Commissioner for Patents, the Commissioner for Trademarks, and administrative trademark judges who are appointed by the Secretary of Commerce, in consultation with the Director.
(c)

Authority of the Secretary .—

The Secretary of Commerce may, in his or her discretion, deem the appointment of an administrative trademark judge who, before , held office pursuant to an appointment by the Director to take effect on the date on which the Director initially appointed the administrative trademark judge.
(d)

Defense to Challenge of Appointment .—

It shall be a defense to a challenge to the appointment of an administrative trademark judge on the basis of the judge’s having been originally appointed by the Director that the administrative trademark judge so appointed was acting as a de facto officer.

July 5, 1946, ch. 54060 Stat. 434Pub. L. 85–609, § 1(a)72 Stat. 540Pub. L. 93–596, § 188 Stat. 1949Pub. L. 96–455, § 194 Stat. 2024Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4716]113 Stat. 1536Pub. L. 107–273, div. C, title III, § 13203(a)(1)116 Stat. 1902Pub. L. 110–313, § 1(b)122 Stat. 3014(, title I, § 17, ; , , ; , , ; , , ; , , , 1501A–580; , , ; , , .)

Editorial Notes

Prior Provisions

Act Feb. 20, 1905, ch. 592, § 733 Stat. 726, .

Amendments

Pub. L. 110–313, § 1(b)(1)2008—Subsec. (b). , inserted “Deputy Director of the United States Patent and Trademark Office” after “Director,” and substituted “appointed by the Secretary of Commerce, in consultation with the Director” for “appointed by the Director”.

Pub. L. 110–313, § 1(b)(2)Subsecs. (c), (d). , added subsecs. (c) and (d).

Pub. L. 107–2732002—Subsec. (b). , which directed amendment of subsec. (b) by inserting “the Deputy Commissioner,” after “Commissioner,”, could not be executed because “Commissioner,” does not appear in text.

Pub. L. 106–1131999— amended section generally. Prior to amendment, section read as follows:

“In every case of interference, opposition to registration, application to register as a lawful concurrent user, or application to cancel the registration of a mark, the Commissioner shall give notice to all parties and shall direct a Trademark Trial and Appeal Board to determine and decide the respective rights of registration.

“The Trademark Trial and Appeal Board shall include the Commissioner, the Deputy Commissioner, the Assistant Commissioners, and members appointed by the Commissioner. Employees of the Patent and Trademark Office and other persons, all of whom shall be competent in trademark law, shall be eligible for appointment as members. Each case shall be heard by at least three members of the Board, the members hearing such case to be designated by the Commissioner.”

Pub. L. 96–4551980— inserted provisions requiring that the Trademark Trial and Appeal Board include the Deputy Commissioner and members appointed by the Commissioner and provisions that employees of the Patent and Trademark Office and other persons, all of whom shall be competent in trademark law, shall be eligible for appointment as members; and struck out provision that the Board include Patent and Trademark Office employees, designated by the Commissioner and whose qualifications have been approved by the Civil Service Commission as being adequate for appointment to the position of examiner in charge of interferences.

Pub. L. 93–5961975— substituted “Patent and Trademark Office” for “Patent Office”.

Pub. L. 85–6091958— substituted “a Trademark Trial and Appeal Board” for “the examiner in charge of interferences” in first paragraph, and inserted second paragraph relating to the composition of the Board.

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 1980 Amendment; Board Membership as of , Unaffected

Pub. L. 96–455, § 294 Stat. 2024

section 17 of the Act of July 5, 1946“This amendment [amending this section] shall become effective on the date of its enactment []. Members of the Trademark Trial and Appeal Board on the date of enactment shall continue to be members under and in accordance with the provisions of , as amended [this section], in effect immediately preceding the date of enactment.”
, , , provided that:

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 .

Effective Date of 1958 Amendment

Pub. L. 85–609, § 372 Stat. 541

“This Act [amending this section and sections 1070, 1071, 1092, and 1113 of this title] shall take effect on approval []; it shall apply to ex parte appeals taken to the Commissioner prior to the date of approval which have not been heard but shall not apply to any such appeal which has been heard or decided in which event further proceedings may be had as though this Act had not been passed; it shall apply to inter partes cases instituted prior to the date of approval which have not been heard by an examiner of interferences, but shall not apply to any such case which has been heard or decided by an examiner of interferences in which event further proceedings may be had as though this Act had not passed.”
, , , provided that:

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 .

Reorganization Plan No. 5 of 1950

Pub. L. 85–609, § 272 Stat. 540

64 Stat. 1263“The provisions of this Act [amending this section and sections 1070, 1071, 1092, and 1113 of this title] shall be subject to Reorganization Plan No. 5 of 1950 ().”
, , , provided that:

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.