ProvidedThe Director may establish a classification of goods and services, for convenience of Patent and Trademark Office administration, but not to limit or extend the applicant’s or registrant’s rights. The applicant may apply to register a mark for any or all of the goods or services on or in connection with which he or she is using or has a bona fide intention to use the mark in commerce: , That if the Director by regulation permits the filing of an application for the registration of a mark for goods or services which fall within a plurality of classes, a fee equaling the sum of the fees for filing an application in each class shall be paid, and the Director may issue a single certificate of registration for such mark.
July 5, 1946, ch. 54060 Stat. 436Pub. L. 87–772, § 1676 Stat. 773Pub. L. 93–596, § 188 Stat. 1949Pub. L. 100–667, title I, § 126102 Stat. 3943Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(b)(1)(B)]113 Stat. 1536(, title IV, § 30, ; , , ; , , ; , , ; , , , 1501A–583.)
Editorial Notes
Prior Provisions
Amendments
Pub. L. 106–1131999— substituted “Director” for “Commissioner” wherever appearing.
Pub. L. 100–667ProvidedProvided1988— inserted “or registrant’s” after “applicant’s” and substituted “may apply” for “may file an application”, “goods or services on or in connection with which he or she is using or has a bona fide intention to use the mark in commerce:” for “goods and services upon or in connection with which he is actually using the mark:”, and “, That if the Commissioner by regulation permits the filing of an application for the registration of a mark for goods or services which fall” for “, That when such goods or services fall”.
Pub. L. 93–5961975— substituted “Patent and Trademark Office” for “Patent Office”.
Pub. L. 87–7721962—, among other changes, substituted “may” for “shall”.
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 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 .
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.