§ 1063. Opposition to registration

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1946

   Pub. L. 79–540 · 60 Stat. 427

   Enacted · 15 U.S.C. § 1063

   July 5, 1946, ch. 540, title I, § 13, 60 Stat. 433

   Source evidence

   Code source credit
   July 5, 1946, ch. 540, title I, § 13, 60 Stat. 433

2. 1962

   Pub. L. 87–772 § 8 · 76 Stat. 769

   1. Inserted · 15 U.S.C. § 1063

      Pub. L. 87–772 inserted “An opposition may be amended under such conditions as may be prescribed by the Commissioner”

   2. Struck · 15 U.S.C. § 1063

      Pub. L. 87–772 struck out “notice of” after “file a verified” and “time for filing”

   Source evidence

   Code amendment note
   Pub. L. 87–772 inserted “An opposition may be amended under such conditions as may be prescribed by the Commissioner”, and struck out “notice of” after “file a verified” and “time for filing”.

   Enacted provision · exact public law section
   Sec. 8. Section 13 is amended by striking the words “notice of” each 15 USC 1063. occurrence, and by adding at the end t hereof the following sentence: “An opposition may be amended under such conditions as may be prescribed by the Commissioner.”

3. 1975

   Pub. L. 93–600 § 1 · 88 Stat. 1955

   Substituted · 15 U.S.C. § 1063

   Pub. L. 93–600 substituted provisions relating to extensions of time for filing opposition upon written request prior to the expiration of the thirty-day period for an additional thirty days, and further extensions for good cause, for provisions relating to extensions of the time for filing opposition for good cause shown

   Source evidence

   Code amendment note
   Pub. L. 93–600 substituted provisions relating to extensions of time for filing opposition upon written request prior to the expiration of the thirty-day period for an additional thirty days, and further extensions for good cause, for provisions relating to extensions of the time for filing opposition for good cause shown.

   Enacted provision · exact public law section
   Sec. 1. Section 13 of the Trademark Act of 1946 (60 Stat. 427), as amended, is amended by deleting the second sentence and substituting therefor: “Upon written request prior to the expiration of the thirty-day period, the time for filing opposition shall be extended for an additional thirty days, and further extensions of time for filing opposition may be granted by the Commissioner for good cause. The Commissioner shall notify the applicant of each extension of the time for filing opposition.”.

4. 1975

   Pub. L. 93–596 § 1 · 88 Stat. 1949

   Substituted · 15 U.S.C. § 1063

   Pub. L. 93–596 substituted “Patent and Trademark Office” for “Patent Office”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 93–596 substituted “Patent and Trademark Office” for “Patent Office”.

   Enacted provision · exact public law section
   Section 1. The Trademark Act of 1946, 60 Stat. 427, as amended (15 U.S.C. sec. 1051 et seq. (1970)), and title 35 of the United States Code, entitled “Patents”, are amended by striking out each time they 35 USC 1 et seq. appear “Patent Office” and “Commissioner of Patents” and inserting in lieu thereof “Patent and Trademark Office” and “Commissioner of Patents and Trademarks”, respectively.

5. 1982

   Pub. L. 97–247 § 9(a) · 96 Stat. 317

   1. Substituted · 15 U.S.C. § 1063

      Pub. L. 97–247 substituted “an” for “a verified” after “required fee, file”

   2. Inserted · 15 U.S.C. § 1063

      Pub. L. 97–247 inserted “when requested prior to the expiration of an extension” after “Commissioner for good cause”

   3. Struck · 15 U.S.C. § 1063

      Pub. L. 97–247 struck out provision that an unverified opposition could be filed by a duly authorized attorney, but such opposition would be null and void unless verified by the opposer within a reasonable time after such filing is fixed by the Commissioner

   Source evidence

   Code amendment note
   Pub. L. 97–247 substituted “an” for “a verified” after “required fee, file”, inserted “when requested prior to the expiration of an extension” after “Commissioner for good cause” and struck out provision that an unverified opposition could be filed by a duly authorized attorney, but such opposition would be null and void unless verified by the opposer within a reasonable time after such filing is fixed by the Commissioner.

   Enacted provision · exact public law section
   (a) Section 13 of the Trademark Act of 1946, as amended (15 U.S.C. 1063), is amended (1) by deleting the phrase “a verified” and inserting in its place the word “an”; (2) by adding the phrase “when requested prior to the expiration of an extension” immediately after the word “cause”; and (3) by deleting the fourth sentence.

6. 1988

   Trademark Law Revision Act of 1988

   Pub. L. 100–667 title I § 114 · 102 Stat. 3935

   1. Amended · 15 U.S.C. § 1063

      Pub. L. 100–667 designated existing provisions as subsec. (a)

   2. Substituted · 15 U.S.C. § 1063

      Pub. L. 100–667 substituted “prescribed fee” for “required fee”

   3. Added · 15 U.S.C. § 1063

      Pub. L. 100–667 added subsec. (b)

   Source evidence

   Code amendment note
   Pub. L. 100–667 designated existing provisions as subsec. (a), substituted “prescribed fee” for “required fee”, and added subsec. (b).

   Enacted provision · exact public law section
   SEC. 114. OPPOSITION TO MARKS. Section 13 (15 US.C. 1063) is amended— (1) by inserting “(a)” before “Any person”; (2) by striking out “required fee” and inserting in lieu thereof “prescribed fee”; and (3) by adding at the end thereof the following: “(b) Unless registration is successfully opposed— “(1) a mark entitled to registration on the principal register based on an application filed under section 1(a) or pursuant to section 44 shall be registered in the Patent and Trademark Office, a certificate of registration shall be issued, and notice of the registration shall be published in the Official Gazette of the Patent and Trademark Office; or “(2) a notice of allowance shall be issued to the applicant if the applicant applied for registration under section 1(b).”.

7. 1999

   Trademark Amendments Act of 1999

   Pub. L. 106–43 § 2(b) · 113 Stat. 218

   Inserted · 15 U.S.C. § 1063(a)

   Pub. L. 106–43 inserted “, including as a result of dilution under section 1125(c) of this title,” after “principal register” in first sentence

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 106–43 inserted “, including as a result of dilution under section 1125(c) of this title,” after “principal register” in first sentence.

   Enacted provision · exact public law section
   (b) Opposition.— Section 13(a) of the Trademark Act of 1946 (15 U.S.C. 1063(a)) is amended in the first sentence by inserting “, including as a result of dilution under section 43(c),” after “principal register”.

   Effective date note
   Amendment by Pub. L. 106–113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, § 4731] of Pub. L. 106–113, set out as a note under section 1 of Title 35, Patents. Amendment by Pub. L. 106–43 effective Aug. 5, 1999, and applicable only to any application for registration filed on or after Jan. 16, 1996, see section 2(e) of Pub. L. 106–43, set out as a note under section 1052 of this title.

8. 1999

   District of Columbia Appropriations Act, 2000

   Pub. L. 106–113 div. B § 1000(a)(9)(tIV)(s4732)(b)(1)(B) · 113 Stat. 1501

   Substituted · 15 U.S.C. § 1063(a)

   Pub. L. 106–113 substituted “Director” for “Commissioner” wherever appearing

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 106–113 substituted “Director” for “Commissioner” wherever appearing.

   Effective date note
   Amendment by Pub. L. 106–113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, § 4731] of Pub. L. 106–113, set out as a note under section 1 of Title 35, Patents. Amendment by Pub. L. 106–43 effective Aug. 5, 1999, and applicable only to any application for registration filed on or after Jan. 16, 1996, see section 2(e) of Pub. L. 106–43, set out as a note under section 1052 of this title.

9. 2006

   Trademark Dilution Revision Act of 2006

   Pub. L. 109–312 § 3(b) · 120 Stat. 1730

   Substituted · 15 U.S.C. § 1063(a)

   Pub. L. 109–312 substituted “the registration of any mark which would be likely to cause dilution by blurring or dilution by tarnishment” for “as a result of dilution”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 109–312 substituted “the registration of any mark which would be likely to cause dilution by blurring or dilution by tarnishment” for “as a result of dilution”.

   Enacted provision · exact public law section
   (b) Opposition.— Section 13(a) of the Trademark Act of 1946 (15 U.S.C. 1063(a)) is amended in the first sentence by striking “as a result of dilution” and inserting “the registration of any mark which would be likely to cause dilution by blurring or dilution by tarnishment”.

12 of 14 references resolved to an enrolled provision · 2 partial