Title 15 — Commerce and Trade
Chapter 22 — Trademarks
§ 1066. Interference; declaration by Director
Statutory text
Upon petition showing extraordinary circumstances, the Director may declare that an interference exists when application is made for the registration of a mark which so resembles a mark previously registered by another, or for the registration of which another has previously made application, as to be likely when used on or in connection with the goods or services of the applicant to cause confusion or mistake or to deceive. No interference shall be declared between an application and the registration of a mark the right to the use of which has become incontestable.
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.
Pub. L. 79–540 · 60 Stat. 427
Enacted · 15 U.S.C. § 1066
July 5, 1946, ch. 540, title I, § 16, 60 Stat. 434
Source evidence
Code source credit
July 5, 1946, ch. 540, title I, § 16, 60 Stat. 434Pub. L. 87–772 § 11 · 76 Stat. 769
Struck · 15 U.S.C. § 1066
Pub. L. 87–772 struck out “purchasers” after “or to deceive”
Source evidence
Code amendment note
Pub. L. 87–772 struck out “purchasers” after “or to deceive”.Enacted provision · exact public law section
Sec. 11. Section 16 is amended by striking therefrom the word “purchasers”.Pub. L. 97–247 § 11 · 96 Stat. 317
Substituted · 15 U.S.C. § 1066
Pub. L. 97–247 substituted “Upon petition showing extraordinary circumstances, the Commissioner may declare that an interference exists when application is made for the registration of a mark which so resembles a mark previously registered by another, or for the registration of which another has previously made application, as to be likely when applied to the goods or when used in connection with the services of the applicant to cause confusion or mistake or to deceive” for “Whenever application is made for the registration of a mark which so resembles a mark previously registered by another, or for the registration of which another has previously made application, as to be likely when applied to the goods or when used in connection with the services of the applicant to cause confusion or mistake or to deceive, the Commissioner may declare that an interference exists”
Source evidence
Code amendment note
Pub. L. 97–247 substituted “Upon petition showing extraordinary circumstances, the Commissioner may declare that an interference exists when application is made for the registration of a mark which so resembles a mark previously registered by another, or for the registration of which another has previously made application, as to be likely when applied to the goods or when used in connection with the services of the applicant to cause confusion or mistake or to deceive” for “Whenever application is made for the registration of a mark which so resembles a mark previously registered by another, or for the registration of which another has previously made application, as to be likely when applied to the goods or when used in connection with the services of the applicant to cause confusion or mistake or to deceive, the Commissioner may declare that an interference exists”.Enacted provision · exact public law section
Sec. 11. The first sentence of section 16 of the Trademark Act of 1946, as amended (15 U.S.C. 1066), is amended to read as follows: “Upon petition showing extraordinary circumstances, the Commissioner may declare that an interference exists when application is made for the registration of a mark which so resembles a mark previously registered by another, or for the registration of which another has previously made application, as to be likely when applied to the goods or when used in connection with the services of the applicant to cause confusion or mistake or to deceive.”.Trademark Law Revision Act of 1988
Pub. L. 100–667 title I § 117 · 102 Stat. 3935
Substituted · 15 U.S.C. § 1066
Pub. L. 100–667 substituted “used on or in connection with the goods or services” for “applied to the goods or when used in connection with the services”
Source evidence
Code amendment note
Pub. L. 100–667 substituted “used on or in connection with the goods or services” for “applied to the goods or when used in connection with the services”.Enacted provision · exact public law section
SEC. 117. INTERFERENCE. Section 16 (15 U.S.C. 1066) is amended by striking out “applied to the goods or when used in connection with the services” and inserting in lieu thereof “used on or in connection with the goods or services”.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. § 1066
Pub. L. 106–113 substituted “Director” for “Commissioner”
Source evidence
Code amendment note
Pub. L. 106–113 substituted “Director” for “Commissioner”.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.
3 of 5 references resolved to an enrolled provision · 2 partial
Editorial Notes
Prior Provisions
Act Feb. 20, 1905, ch. 592, § 7, 33 Stat. 726.
Amendments1962–1999 · 4 rounds
1999
Pub. L. 106–113 substituted “Director” for “Commissioner”.
1988
Pub. L. 100–667 substituted “used on or in connection with the goods or services” for “applied to the goods or when used in connection with the services”.
1982
Pub. L. 97–247 substituted “Upon petition showing extraordinary circumstances, the Commissioner may declare that an interference exists when application is made for the registration of a mark which so resembles a mark previously registered by another, or for the registration of which another has previously made application, as to be likely when applied to the goods or when used in connection with the services of the applicant to cause confusion or mistake or to deceive” for “Whenever application is made for the registration of a mark which so resembles a mark previously registered by another, or for the registration of which another has previously made application, as to be likely when applied to the goods or when used in connection with the services of the applicant to cause confusion or mistake or to deceive, the Commissioner may declare that an interference exists”.
1962
Pub. L. 87–772 struck out “purchasers” after “or to deceive”.
Statutory Notes and Related Subsidiaries
Effective Date of 1999 Amendment
Amendment by Pub. L. 106–113 effective 4 months after , 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.
Effective Date of 1988 Amendment
Amendment by Pub. L. 100–667 effective one year after , see section 136 of Pub. L. 100–667, set out as a note under section 1051 of this title.
Effective Date of 1982 Amendment
Amendment by Pub. L. 97–247 effective six months after , see section 17(c) of Pub. L. 97–247, set out as a note under section 294 of Title 35, Patents.
Repeal and Effect on Existing Rights
Repeal of inconsistent provisions, effect of this chapter on pending proceedings and existing registrations and rights under prior acts, see notes set out under section 1051 of this title.
Executive Documents
Transfer of Functions
For 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, 64 Stat. 1263, set out in the Appendix to Title 5, Government Organization and Employees.
Credits
1946–1999 · 5 acts
- 1946July 5, 1946, ch. 540, title I, § 16, 60 Stat. 434
- 1962Pub. L. 87–772, § 11, , 76 Stat. 771
- 1982Pub. L. 97–247, § 11, , 96 Stat. 321
- 1988Pub. L. 100–667, title I, § 117, , 102 Stat. 3941
- 1999Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(b)(1)(B)], , 113 Stat. 1536, 1501A–583.
Show as published
(July 5, 1946, ch. 540, title I, § 16, 60 Stat. 434; Pub. L. 87–772, § 11, , 76 Stat. 771; Pub. L. 97–247, § 11, , 96 Stat. 321; Pub. L. 100–667, title I, § 117, , 102 Stat. 3941; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(b)(1)(B)], , 113 Stat. 1536, 1501A–583.)