§ 1067. Interference, opposition, and proceedings for concurrent use registration or for cancellation; notice; Trademark Trial and Appeal Board
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(a)In every case of interference, opposition to registration, application to register as a lawful concurrent user, or application to cancel the registration of a mark, the Director shall give notice to all parties and shall direct a Trademark Trial and Appeal Board to determine and decide the respective rights of registration.
(b)The Trademark Trial and Appeal Board shall include the Director, Deputy 1 Director of the United States Patent and Trademark Office 2 the Commissioner for Patents, the Commissioner for Trademarks, and administrative trademark judges who are appointed by the Secretary of Commerce, in consultation with the Director.
(c)Authority of the Secretary.— The Secretary of Commerce may, in his or her discretion, deem the appointment of an administrative trademark judge who, before August 12, 2008, held office pursuant to an appointment by the Director to take effect on the date on which the Director initially appointed the administrative trademark judge.
(d)Defense to Challenge of Appointment.— It shall be a defense to a challenge to the appointment of an administrative trademark judge on the basis of the judge’s having been originally appointed by the Director that the administrative trademark judge so appointed was acting as a de facto officer.
(July 5, 1946, ch. 540, title I, § 17, 60 Stat. 434; Pub. L. 85–609, § 1(a), Aug. 8, 1958, 72 Stat. 540; Pub. L. 93–596, § 1, Jan. 2, 1975, 88 Stat. 1949; Pub. L. 96–455, § 1, Oct. 15, 1980, 94 Stat. 2024; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4716], Nov. 29, 1999, 113 Stat. 1536, 1501A–580; Pub. L. 107–273, div. C, title III, § 13203(a)(1), Nov. 2, 2002, 116 Stat. 1902; Pub. L. 110–313, § 1(b), Aug. 12, 2008, 122 Stat. 3014.)
Connections24 cite this · traces to 3
Cited by 24 sections · top 18
U.S. Code
statutes-at-large
- Public Law 106–113Making consolidated appropriations for the fiscal year ending September 30, 2000,and for other purposes
- Public Law 96–455To amend section 17 of the Act of July 5, 1946, as amended, entitled “An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes.”
- Public Law 85–609to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of international conventions, and for other purposes,” approved July 5, 1946, with respect to proceedings in the Patent Office
- Public Law 415
- Public Law 110–313To amend title 35, United States Code, and the Trademark Act of 1946 to provide that the Secretary of Commerce, in consultation with the Director of the United States Patent and Trademark Office, shall appoint administrative patent judges and administrative trademark judges, and for other purposes
- Public Law 107–273To authorize appropriations for the Department of Justice for fiscal year 2002,and for other purposes
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statute-compilations
32 references not yet in our index
- 1
- 2
- July 5, 1946, ch. 540
- 60 Stat. 434
- Pub. L. 85–609, § 1(a)
- 72 Stat. 540
- Pub. L. 93–596, § 1
- 88 Stat. 1949
- Pub. L. 96–455, § 1
- 94 Stat. 2024
- Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4716]
- 113 Stat. 1536
- Pub. L. 107–273, div. C, title III, § 13203(a)(1)
- 116 Stat. 1902
- Pub. L. 110–313, § 1(b)
- 122 Stat. 3014
- Act Feb. 20, 1905, ch. 592, § 7
- 33 Stat. 726
- Pub. L. 110–313, § 1(b)(1)
- Pub. L. 110–313, § 1(b)(2)
- Pub. L. 107–273
- Pub. L. 106–113
- Pub. L. 96–455
- Pub. L. 93–596
- Pub. L. 85–609
- Pub. L. 96–455, § 2
- section 17 of the Act of July 5, 1946
- section 4 of Pub. L. 93–596
- Pub. L. 85–609, § 3
- 72 Stat. 541
- Pub. L. 85–609, § 2
- 64 Stat. 1263
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cites case law
§ 1067
Interference, opposition, and proceedings for concurrent use registration or for cancellation; notice; Trademark Trial and Appeal Board
U.S.C.×9
Stat.×7
Fed. Reg.×6
Stat. Comp.×2
Cite1
Cite2
ActJuly 5, 1946, ch. 540
Stat.60 Stat. 434
Pub. L.Pub. L. 85–609, § 1(a)
Cites 35 · showing 8Cited by 24 across 4 sources