Marks registerable
section 1 of the Act of March 19, 1920 section 1052 of this titlesection 1051 of this titlesection 1052(e)(3) of this titleIn addition to the principal register, the Director shall keep a continuation of the register provided in paragraph (b) of , entitled “An Act to give effect to certain provisions of the convention for the protection of trademarks and commercial names, made and signed in the city of Buenos Aires, in the Argentine Republic, , and for other purposes”, to be called the supplemental register. All marks capable of distinguishing applicant’s goods or services and not registrable on the principal register provided in this chapter, except those declared to be unregistrable under subsections (a), (b), (c), (d), and (e)(3) of , which are in lawful use in commerce by the owner thereof, on or in connection with any goods or services may be registered on the supplemental register upon the payment of the prescribed fee and compliance with the provisions of subsections (a) and (e) of so far as they are applicable. Nothing in this section shall prevent the registration on the supplemental register of a mark, capable of distinguishing the applicant’s goods or services and not registrable on the principal register under this chapter, that is declared to be unregistrable under , if such mark has been in lawful use in commerce by the owner thereof, on or in connection with any goods or services, since before .
Application and proceedings for registration
section 1062 of this titleUpon the filing of an application for registration on the supplemental register and payment of the prescribed fee the Director shall refer the application to the examiner in charge of the registration of marks, who shall cause an examination to be made and if on such examination it shall appear that the applicant is entitled to registration, the registration shall be granted. If the applicant is found not entitled to registration the provisions of subsection (b) of shall apply.
Nature of mark
For the purposes of registration on the supplemental register, a mark may consist of any trademark, symbol, label, package, configuration of goods, name, word, slogan, phrase, surname, geographical name, numeral, device, any matter that as a whole is not functional, or any combination of any of the foregoing, but such mark must be capable of distinguishing the applicant’s goods or services.
July 5, 1946, ch. 540 60 Stat. 435 Pub. L. 87–772, § 1376 Stat. 773 Pub. L. 100–667, title I, § 121102 Stat. 3942 Pub. L. 103–182, title III, § 333(b)107 Stat. 2114 Pub. L. 105–330, title II, § 201(a)(5)112 Stat. 3070 Pub. L. 106–43, § 6(b)113 Stat. 220 Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(b)(1)(B)]113 Stat. 1536 Pub. L. 107–273, div. C, title III, § 13207(b)(6)116 Stat. 1908 (, title II, § 23, ; , , ; , , ; , , ; , , ; , , ; , , , 1501A–583; , , .)
Editorial Notes
References in Text
section 1 of the Act of March 19, 1920 act Mar. 19, 1920, ch. 104 41 Stat. 533 section 121(b) of this titleact July 5, 1946, ch. 540, § 46(a) 60 Stat. 444 Paragraph (b) of , referred to in subsec. (a), is paragraph (b) of section 1 of , , which was classified to , and repealed by , , insofar as inconsistent.
Prior Provisions
Mar. 19, 1920, ch. 104, § 1 41 Stat. 533 Apr. 11, 1930, ch. 132, § 4 46 Stat. 155 June 10, 1938, ch. 332, § 2 52 Stat. 638 Acts , ; , ; , .
Amendments
Pub. L. 107–2732002—Subsec. (c). struck out second comma after “numeral”.
Pub. L. 106–1131999—Subsec. (a). substituted “Director” for “Commissioner”.
Pub. L. 106–43 substituted “trademarks” for “trade-marks”.
Pub. L. 106–113Subsec. (b). substituted “Director” for “Commissioner”.
Pub. L. 105–3301998—Subsec. (c). substituted “, device, any matter that as a whole is not functional,” for “or device”.
Pub. L. 103–182section 1052(e)(3) of this title1993—Subsec. (a). substituted “(d), and (e)(3)” for “and (d)” and inserted at end “Nothing in this section shall prevent the registration on the supplemental register of a mark, capable of distinguishing the applicant’s goods or services and not registrable on the principal register under this chapter, that is declared to be unregistrable under , if such mark has been in lawful use in commerce by the owner thereof, on or in connection with any goods or services, since before .”
Pub. L. 100–667, § 121(6)1988—, struck out undesignated concluding par. which read as follows: “Upon a proper showing by the applicant that he requires domestic registration as a basis for foreign protection of his mark, the Commissioner may waive the requirement of a full year’s use and may grant registration forthwith.”
Pub. L. 100–667, § 121(1)section 1052 of this titleSubsec. (a). , (4), designated first par. as subsec. (a), made technical amendment to reference in the original act to subsections (a), (b), (c), and (d) of resulting in no change in text, substituted “are in lawful use in commerce by the owner thereof, on” for “have been in lawful use in commerce by the proprietor thereof, upon”, struck out “for the year preceding the filing of the application” after “any goods and services”, and inserted “subsections (a) and (e) of” before “section 1051”.
Pub. L. 100–667, § 121(2)Subsec. (b). , (5), designated second par. as subsec. (b) and substituted “prescribed fee” for “fee herein provided”.
Pub. L. 100–667, § 121(3)Subsec. (c). , designated third par. as subsec. (c).
Pub. L. 87–7721962— struck out “has begun the lawful use of his mark in foreign commerce and that he” before “requires domestic registration” in last par.
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 1998 Amendment
Pub. L. 105–330section 201(b) of Pub. L. 105–330section 1051 of this titleAmendment by effective , and applicable only to any civil action filed or proceeding before the United States Patent and Trademark Office commenced on or after such date relating to the registration of a mark, see , set out as a note under .
Effective Date of 1993 Amendment
Pub. L. 103–182section 335(c) of Pub. L. 103–182section 1052 of this titleAmendment by applicable only to trademark applications filed on or after , see , formerly set out in a note under .
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 .
Executive Documents
Transfer of Functions
64 Stat. 1263 For 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.