July 5, 1946, ch. 54060 Stat. 440Pub. L. 97–164, title I, § 14896 Stat. 46Pub. L. 97–29696 Stat. 1316Pub. L. 100–667, title I, § 131102 Stat. 3946Pub. L. 105–330, title II, § 201(a)(10)112 Stat. 3070(, title VI, § 39, formerly §§ 39 and 39a, ; , , ; , , ; , , ; , , .)
Editorial Notes
Codification
Pub. L. 100–667, § 131(b)(1)section 1121a of this title, transferred section 39a of act , which was classified to , to subsec. (b) of this section.
section 41 of Title 28In subsec. (a), the words “and the United States Court of Appeals for the District of Columbia” following “the Courts of Appeal of the United States” have been deleted as superfluous in view of , Judiciary and Judicial Procedure, which includes the District of Columbia within the eleven judicial circuits of the United States. The word “and” has been inserted preceding “the courts of appeal of the United States” to preserve the conjunctive sense of the sentence.
Prior Provisions
Feb. 20, 1905, ch. 592, § 1733 Stat. 728Mar. 3, 1911, ch. 231, § 29136 Stat. 1167June 7, 1934, ch. 42648 Stat. 926June 25, 1936, ch. 80449 Stat. 1921Acts , ; , ; , ; , .
Amendments
Pub. L. 105–3301998—Subsec. (a). substituted “courts” for “circuit courts” before “of appeal of the United States”.
Pub. L. 100–667, § 131(a)1988—Subsec. (a). , designated existing provisions as subsec. (a).
Pub. L. 100–667, § 131(b)section 1121a of this titleSubsec. (b). , redesignated as subsec. (b) of this section and substituted “service marks” for “servicemarks” in two places.
Pub. L. 97–1641982— inserted “(other than the United States Court of Appeals for the Federal Circuit)”.
Statutory Notes and Related Subsidiaries
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 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 1982 Amendment
Pub. L. 97–164section 402 of Pub. L. 97–164section 171 of Title 28Amendment by effective , see , set out as a note under , Judiciary and Judicial Procedure.
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 .