An appeal may be taken to the Trademark Trial and Appeal Board from any final decision of the examiner in charge of the registration of marks or a final decision by an examiner in an ex parte expungement proceeding or ex parte reexamination proceeding upon the payment of the prescribed fee. The Director may reconsider, and modify or set aside, a decision of the Trademark Trial and Appeal Board under this section.
July 5, 1946, ch. 54060 Stat. 435Pub. L. 85–609, § 1(b)72 Stat. 540Pub. L. 116–260, div. Q, title II134 Stat. 2207(, title I, § 20, ; , , ; , §§ 225(d)(1), 228(a)(2), , , 2210.)
Editorial Notes
Prior Provisions
Act Feb. 20, 1905, ch. 59233 Stat. 726, §§ 8, 13, , 728.
Amendments
Pub. L. 116–260, § 228(a)(2)2020—, inserted “The Director may reconsider, and modify or set aside, a decision of the Trademark Trial and Appeal Board under this section.” at end.
Pub. L. 116–260, § 225(d)(1), inserted “or a final decision by an examiner in an ex parte expungement proceeding or ex parte reexamination proceeding” after “registration of marks”.
Pub. L. 85–6091958— substituted “Trademark Trial and Appeal Board” for “Commissioner in person” and “fee” for “fees”, and struck out “of interferences or” after “examiner in charge”.
Statutory Notes and Related Subsidiaries
Effective Date of 2020 Amendment
section 225(d)(1) of div. Q of Pub. L. 116–260section 225(g) of div. Q of Pub. L. 116–260section 1064 of this titleAmendment by effective upon the expiration of the 1-year period beginning on , and applicable to any mark registered before, on, or after that effective date, see , set out as a note under .
Effective Date of 1958 Amendment
Pub. L. 85–609section 3 of Pub. L. 85–609section 1067 of this titleFor effective date and applicability of amendment by , 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
section 228(a)(2) of div. Q of Pub. L. 116–260section 228(b) of div. Q of Pub. L. 116–260section 1068 of this titleFor construction of amendment made by regarding Director’s authority before , and authority with respect to particular decisions, see , set out as a note under .
Reorganization Plan No. 5 of 1950
Pub. L. 85–609section 1067 of this titleAmendment by as subject to Reorganization Plan No. 5 of 1950, see note 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.