§ 1068. Action of Director in interference, opposition, and proceedings for concurrent use registration or for cancellation

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. § 1068

   July 5, 1946, ch. 540, title I, § 18, 60 Stat. 434

   Source evidence

   Code source credit
   July 5, 1946, ch. 540, title I, § 18, 60 Stat. 434

2. 1988

   Trademark Law Revision Act of 1988

   Pub. L. 100–667 title I § 118 · 102 Stat. 3935

   1. Substituted · 15 U.S.C. § 1068

      Pub. L. 100–667 substituted “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” for “or restrict”

   2. Substituted · 15 U.S.C. § 1068

      Pub. L. 100–667 substituted “may refuse” for “or may refuse”

   3. Inserted · 15 U.S.C. § 1068

      Pub. L. 100–667 inserted provisions that no final judgment be entered before mark is registered if applicant cannot prevail without establishing constructive use

   Source evidence

   Code amendment note
   Pub. L. 100–667 substituted “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” for “or restrict”, and “may refuse” for “or may refuse”, and inserted provisions that no final judgment be entered before mark is registered if applicant cannot prevail without establishing constructive use.

   Enacted provision · exact public law section
   SEC. 118. ACTION OF COMMISSIONER IN PROCEEDINGS. Section 18 (15 U.S.C. 1068) is amended— (1) by striking out “or restrict” and inserting in lieu thereof “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”; (2) by striking out “or may refuse” and inserting in lieu thereof “may refuse”; and (3) adding at the end thereof the following: “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).”.

3. 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. § 1068

   Pub. L. 106–113 substituted “Director” for “Commissioner” in two places

   Source evidence

   Code amendment note
   Pub. L. 106–113 substituted “Director” for “Commissioner” in two places.

   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.

4. 2020

   Department of Homeland Security Appropriations Act, 2021

   Pub. L. 116–260 div. Q title II § 228(a)(1) · 134 Stat. 1182

   Inserted · 15 U.S.C. § 1068

   Pub. L. 116–260 inserted “. 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” after “established in the proceedings”

   Source evidence

   Code amendment note
   Pub. L. 116–260 inserted “. 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” after “established in the proceedings”.

   Enacted provision · exact public law section
   Sec. 228. None of the funds in this Act shall be used to reduce the Coast Guard’s Operations Systems Center mission or its government-employed or contract staff levels.

4 of 6 references resolved to an enrolled provision · 2 partial