§ 1068. Action of Director in interference, opposition, and proceedings for concurrent use registration or for cancellation
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/usc/title-15/section-1068A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In such proceedings the Director may refuse to register the opposed mark, may cancel the registration, in whole or in part, may modify the application or registration by limiting the goods or services specified therein, may otherwise restrict or rectify with respect to the register the registration of a registered mark, may refuse to register any or all of several interfering marks, or may register the mark or marks for the person or persons entitled thereto, as the rights of the parties under this chapter may be established in the proceedings.
The authority of the Director under this section includes the authority to reconsider, and modify or set aside, a decision of the Trademark Trial and Appeal Board: Provided, That in the case of the registration of any mark based on concurrent use, the Director shall determine and fix the conditions and limitations provided for in subsection
(d)of section 1052 of this title. However, no final judgment shall be entered in favor of an applicant under section 1051(b) of this title before the mark is registered, if such applicant cannot prevail without establishing constructive use pursuant to section 1057(c) of this title.
(July 5, 1946, ch. 540, title I, § 18, 60 Stat. 434; Pub. L. 100–667, title I, § 118, Nov. 16, 1988, 102 Stat. 3941; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(b)(1)(B)], Nov. 29, 1999, 113 Stat. 1536, 1501A–583; Pub. L. 116–260, div. Q, title II, § 228(a)(1), Dec. 27, 2020, 134 Stat. 2209.)
Connections11 cite this · traces to 5
Cited by 11 sections · top 8
public-private-law
U.S. Code
statute-compilations
- Sec. 228AMENDMENTS TO CONFIRM AUTHORITY OF THE DIRECTOR
- Sec. 18In such proceedings the Director may refuse to register the opposed mark, may cancel the registration, in whole or in part, may modify the application or registration by limiting the goods or services specified therein, may otherwise restrict or rectify with respect to the register the registration of a registered mark, may refuse to register any or all of several interfering marks, or may register the mark or marks for the person or persons entitled thereto, as the rights of the parties hereunder may be established in the proceedings. The authority of the Director under this section includes the authority to reconsider, and modify or set aside, a decision of the Trademark Trial and Appeal Board; *Provided,* That in the case of the registration of any mark based on concurrent use, the Director shall determine and fix the conditions and limitations provided for in subsection (d) of section 2 of this Act. However, no final judgment shall be entered in favor of an applicant under section 1(b) before the mark is registered, if such applicant cannot prevail without establishing constructive use pursuant to section 7(c).
statutes-at-large
- Public Law 100–667To amend the Act entitled “An Act to provide for the registration and protection of trade-marks used in commerce, to carry out the provisions of certain international conventions, and for other purposes”
- Public Law 116–260Making consolidated appropriations for the fiscal year ending September 30, 2021, providing coronavirus emergency response and relief, and for other purposes
14 references not yet in our index
- July 5, 1946, ch. 540
- 60 Stat. 434
- Pub. L. 100–667, title I, § 118
- 102 Stat. 3941
- Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(b)(1)(B)]
- 113 Stat. 1536
- 134 Stat. 2209
- Act Feb. 20, 1905, ch. 592
- 33 Stat. 726
- Pub. L. 106–113
- Pub. L. 100–667
- section 136 of Pub. L. 100–667
- 134 Stat. 2210
- 64 Stat. 1263
Citation graph
cites case law
§ 1068
Action of Director in interference, opposition, and proceedings for concurrent use registration or for cancellation
Stat. Comp.×3
Stat.×3
Pub. L.×2
U.S.C.×2
Bills×1
ActJuly 5, 1946, ch. 540
Stat.60 Stat. 434
Pub. L.Pub. L. 100–667, title I, § 118
Stat.102 Stat. 3941
Pub. L.Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(b)(1)(B)]
Cites 19 · showing 10Cited by 11 across 5 sources