§ 1067. Interference, opposition, and proceedings for concurrent use registration or for cancellation; notice; Trademark Trial and Appeal Board

Footnotes

1. 1 So in original. Probably should be preceded by “the”.
2. 2 So in original. Probably should be followed by a comma.

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. § 1067

   July 5, 1946, ch. 540, title I, § 17, 60 Stat. 434

   Source evidence

   Code source credit
   July 5, 1946, ch. 540, title I, § 17, 60 Stat. 434

2. 1958

   Pub. L. 85–609 § 1(a) · 72 Stat. 540

   1. Substituted · 15 U.S.C. § 1067

      Pub. L. 85–609 substituted “a Trademark Trial and Appeal Board” for “the examiner in charge of interferences” in first paragraph

   2. Inserted · 15 U.S.C. § 1067

      Pub. L. 85–609 inserted second paragraph relating to the composition of the Board

   Source evidence

   Code amendment note
   Pub. L. 85–609 substituted “a Trademark Trial and Appeal Board” for “the examiner in charge of interferences” in first paragraph, and inserted second paragraph relating to the composition of the Board.

3. 1975

   Pub. L. 93–596 § 1 · 88 Stat. 1949

   Substituted · 15 U.S.C. § 1067

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

   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.

4. 1980

   Pub. L. 96–455 § 1 · 94 Stat. 2024

   1. Inserted · 15 U.S.C. § 1067

      Pub. L. 96–455 inserted provisions requiring that the Trademark Trial and Appeal Board include the Deputy Commissioner and members appointed by the Commissioner and provisions that employees of the Patent and Trademark Office and other persons, all of whom shall be competent in trademark law, shall be eligible for appointment as members;

   2. Struck · 15 U.S.C. § 1067

      Pub. L. 96–455 struck out provision that the Board include Patent and Trademark Office employees

   3. Amended · 15 U.S.C. § 1067

      Pub. L. 96–455 designated by the Commissioner and whose qualifications have been approved by the Civil Service Commission as being adequate for appointment to the position of examiner in charge of interferences

   Source evidence

   Code amendment note
   Pub. L. 96–455 inserted provisions requiring that the Trademark Trial and Appeal Board include the Deputy Commissioner and members appointed by the Commissioner and provisions that employees of the Patent and Trademark Office and other persons, all of whom shall be competent in trademark law, shall be eligible for appointment as members; and struck out provision that the Board include Patent and Trademark Office employees, designated by the Commissioner and whose qualifications have been approved by the Civil Service Commission as being adequate for appointment to the position of examiner in charge of interferences.

5. 1999

   District of Columbia Appropriations Act, 2000

   Pub. L. 106–113 div. B § 1000(a)(9)(tIV)(s4716) · 113 Stat. 1501

   Amended · 15 U.S.C. § 1067

   Pub. L. 106–113 amended section generally. Prior to amendment, section read as follows:

   Source evidence

   Code amendment note
   Pub. L. 106–113 amended section generally. Prior to amendment, section read as follows:

   “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 Commissioner shall give notice to all parties and shall direct a Trademark Trial and Appeal Board to determine and decide the respective rights of registration. “The Trademark Trial and Appeal Board shall include the Commissioner, the Deputy Commissioner, the Assistant Commissioners, and members appointed by the Commissioner. Employees of the Patent and Trademark Office and other persons, all of whom shall be competent in trademark law, shall be eligible for appointment as members. Each case shall be heard by at least three members of the Board, the members hearing such case to be designated by the 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.

6. 2002

   Intellectual Property and High Technology Technical Amendments Act of 2002

   Pub. L. 107–273 div. C title III § 13203(a)(1) · 116 Stat. 1758

   Inserted · 15 U.S.C. § 1067(b)

   Pub. L. 107–273, which directed amendment of subsec. (b) by inserting “the Deputy Commissioner,” after “Commissioner,”, could not be executed because “Commissioner,” does not appear in text

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 107–273, which directed amendment of subsec. (b) by inserting “the Deputy Commissioner,” after “Commissioner,”, could not be executed because “Commissioner,” does not appear in text.

   Enacted provision · exact public law section
   (1) Section 17(b) of the Act of July 5, 1946 (commonly referred to as the “Trademark Act of 1946”) (15 U.S.C. 1067(b)), is amended by inserting “the Deputy Commissioner,” after “Commissioner,”.

7. 2008

   Pub. L. 110–313 § 1(b)(1) · 122 Stat. 3014

   1. Inserted · 15 U.S.C. § 1067(b)

      Pub. L. 110–313, § 1(b)(1), inserted “Deputy Director of the United States Patent and Trademark Office” after “Director,”

   2. Substituted · 15 U.S.C. § 1067(b)

      Pub. L. 110–313, § 1(b)(1), substituted “appointed by the Secretary of Commerce, in consultation with the Director” for “appointed by the Director”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 110–313, § 1(b)(1), inserted “Deputy Director of the United States Patent and Trademark Office” after “Director,” and substituted “appointed by the Secretary of Commerce, in consultation with the Director” for “appointed by the Director”.

   Enacted provision · exact public law section
   (1) in subsection (b)— (A) by inserting “Deputy Director of the United States Patent and Trademark Office”, after “Director,”; and (B) by striking “appointed by the Director” and inserting “appointed by the Secretary of Commerce, in consultation with the Director”; and

8. 2008

   Pub. L. 110–313 § 1(b)(2) · 122 Stat. 3014

   Added · 15 U.S.C. § 1067(c); 15 U.S.C. § 1067(d)

   Pub. L. 110–313, § 1(b)(2), added subsecs. (c) and (d)

   Source evidence

   Code amendment note
   Subsecs. (c), (d). Pub. L. 110–313, § 1(b)(2), added subsecs. (c) and (d).

   Enacted provision · exact public law section
   (2) by adding at the end the following: “(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 the date of the enactment of this subsection, 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.” .

5 of 12 references resolved to an enrolled provision · 7 partial