Title 15 — Commerce and Trade
Chapter 22 — Trademarks
§ 1069. Application of equitable principles in inter partes proceedings
Statutory text
In all inter partes proceedings equitable principles of laches, estoppel, and acquiescence, where applicable may be considered and applied.
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. § 1069
July 5, 1946, ch. 540, title I, § 19, 60 Stat. 434
Source evidence
Code source credit
July 5, 1946, ch. 540, title I, § 19, 60 Stat. 434Pub. L. 93–596 § 1 · 88 Stat. 1949
Substituted · 15 U.S.C. § 1069
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.Trademark Law Revision Act of 1988
Pub. L. 100–667 title I § 119 · 102 Stat. 3935
Struck · 15 U.S.C. § 1069
Pub. L. 100–667 struck out at end “The provisions of this section shall also govern proceedings heretofore begun in the Patent and Trademark Office and not finally determined.”
Source evidence
Code amendment note
Pub. L. 100–667 struck out at end “The provisions of this section shall also govern proceedings heretofore begun in the Patent and Trademark Office and not finally determined.”Enacted provision · exact public law section
SEC. 119. APPLICATION OF EQUITABLE PRINCIPLES. Section 19 (15 U.S.C. 1069) is amended by striking out the second sentence.Effective date note
Amendment by Pub. L. 100–667 effective one year after Nov. 16, 1988, see section 136 of Pub. L. 100–667, set out as a note under section 1051 of this title.
2 of 3 references resolved to an enrolled provision · 1 partial
Editorial Notes
Amendments1975–1988 · 2 rounds
1988
Pub. L. 100–667 struck out at end “The provisions of this section shall also govern proceedings heretofore begun in the Patent and Trademark Office and not finally determined.”
1975
Pub. L. 93–596 substituted “Patent and Trademark Office” for “Patent Office”.
Statutory Notes and Related Subsidiaries
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 1975 Amendment
Amendment by Pub. L. 93–596 effective , see section 4 of Pub. L. 93–596, set out as a note under section 1111 of this title.
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
1946–1988 · 3 acts
- 1946July 5, 1946, ch. 540, title I, § 19, 60 Stat. 434
- 1975Pub. L. 93–596, § 1, , 88 Stat. 1949
- 1988Pub. L. 100–667, title I, § 119, , 102 Stat. 3941.
Show as published
(July 5, 1946, ch. 540, title I, § 19, 60 Stat. 434; Pub. L. 93–596, § 1, , 88 Stat. 1949; Pub. L. 100–667, title I, § 119, , 102 Stat. 3941.)