Providedsection 1052 of this titlesection 1051(b) of this titlesection 1057(c) of this titleIn 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. The authority of the Director under this section includes the authority to reconsider, and modify or set aside, a decision of the Trademark Trial and Appeal Board: , 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 . However, no final judgment shall be entered in favor of an applicant under before the mark is registered, if such applicant cannot prevail without establishing constructive use pursuant to .
July 5, 1946, ch. 54060 Stat. 434Pub. L. 100–667, title I, § 118102 Stat. 3941Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(b)(1)(B)]113 Stat. 1536Pub. L. 116–260, div. Q, title II, § 228(a)(1)134 Stat. 2209(, title I, § 18, ; , , ; , , , 1501A–583; , , .)
Editorial Notes
Prior Provisions
Act Feb. 20, 1905, ch. 59233 Stat. 726, §§ 7, 13, , 728.
Amendments
Pub. L. 116–2602020— inserted “. The authority of the Director under this section includes the authority to reconsider, and modify or set aside, a decision of the Trademark Trial and Appeal Board” after “established in the proceedings”.
Pub. L. 106–1131999— substituted “Director” for “Commissioner” in two places.
Pub. L. 100–6671988— 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.
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 .
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 .
Construction of 2020 Amendment
Pub. L. 116–260, div. Q, title II, § 228(b)134 Stat. 2210
Authority before date of enactment .—
Authority with respect to particular decisions .—
section 228(b) of Pub. L. 116–260section 222 of Pub. L. 116–260section 1051 of this title[“Director” as used in , set out above, means the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, see , set out as a note 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.