Title 15 — Commerce and Trade
Chapter 22 — Trademarks
§ 1070. Appeals to Trademark Trial and Appeal Board from decisions of examiners
Statutory text
An appeal may be taken to the Trademark Trial and Appeal Board from any final decision of the examiner in charge of the registration of marks or a final decision by an examiner in an ex parte expungement proceeding or ex parte reexamination proceeding upon the payment of the prescribed fee. The Director may reconsider, and modify or set aside, a decision of the Trademark Trial and Appeal Board under this section.
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. § 1070
July 5, 1946, ch. 540, title I, § 20, 60 Stat. 435
Source evidence
Code source credit
July 5, 1946, ch. 540, title I, § 20, 60 Stat. 435Pub. L. 85–609 § 1(b) · 72 Stat. 540
Substituted · 15 U.S.C. § 1070
Pub. L. 85–609 substituted “Trademark Trial and Appeal Board” for “Commissioner in person”
Substituted · 15 U.S.C. § 1070
Pub. L. 85–609 substituted “fee” for “fees”
Struck · 15 U.S.C. § 1070
Pub. L. 85–609 struck out “of interferences or” after “examiner in charge”
Source evidence
Code amendment note
Pub. L. 85–609 substituted “Trademark Trial and Appeal Board” for “Commissioner in person” and “fee” for “fees”, and struck out “of interferences or” after “examiner in charge”.Department of Homeland Security Appropriations Act, 2021
Pub. L. 116–260 § 228(a)(2) · 134 Stat. 1182
Inserted · 15 U.S.C. § 1070
Pub. L. 116–260, § 228(a)(2), inserted “The Director may reconsider, and modify or set aside, a decision of the Trademark Trial and Appeal Board under this section.” at end
Source evidence
Code amendment note
Pub. L. 116–260, § 228(a)(2), inserted “The Director may reconsider, and modify or set aside, a decision of the Trademark Trial and Appeal Board under this section.” at end.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.Effective date note
Amendment by section 225(d)(1) of div. Q of Pub. L. 116–260 effective upon the expiration of the 1-year period beginning on Dec. 27, 2020, and applicable to any mark registered before, on, or after that effective date, see section 225(g) of div. Q of Pub. L. 116–260, set out as a note under section 1064 of this title.Department of Homeland Security Appropriations Act, 2021
Pub. L. 116–260 § 225(d)(1) · 134 Stat. 1182
Inserted · 15 U.S.C. § 1070
Pub. L. 116–260, § 225(d)(1), inserted “or a final decision by an examiner in an ex parte expungement proceeding or ex parte reexamination proceeding” after “registration of marks”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 116–260, § 225(d)(1), inserted “or a final decision by an examiner in an ex parte expungement proceeding or ex parte reexamination proceeding” after “registration of marks”.Enacted provision · exact public law section
Sec. 225. Without regard to the limitation as to time and condition of section 503(d) of this Act, after June 30, up to $10,000,000 may be reprogrammed to or from the Military Pay and Allowances funding category within “Coast Guard—Operations and Support” in accordance with subsection (a) of section 503 of this Act.Effective date note
Amendment by section 225(d)(1) of div. Q of Pub. L. 116–260 effective upon the expiration of the 1-year period beginning on Dec. 27, 2020, and applicable to any mark registered before, on, or after that effective date, see section 225(g) of div. Q of Pub. L. 116–260, set out as a note under section 1064 of this title.
2 of 6 references resolved to an enrolled provision · 4 partial
Editorial Notes
Prior Provisions
Act Feb. 20, 1905, ch. 592, §§ 8, 13, 33 Stat. 726, 728.
Amendments1958–2020 · 2 rounds
2020
Pub. L. 116–260, § 228(a)(2), inserted “The Director may reconsider, and modify or set aside, a decision of the Trademark Trial and Appeal Board under this section.” at end.
Pub. L. 116–260, § 225(d)(1), inserted “or a final decision by an examiner in an ex parte expungement proceeding or ex parte reexamination proceeding” after “registration of marks”.
1958
Pub. L. 85–609 substituted “Trademark Trial and Appeal Board” for “Commissioner in person” and “fee” for “fees”, and struck out “of interferences or” after “examiner in charge”.
Statutory Notes and Related Subsidiaries
Effective Date of 2020 Amendment
Amendment by section 225(d)(1) of div. Q of Pub. L. 116–260 effective upon the expiration of the 1-year period beginning on , and applicable to any mark registered before, on, or after that effective date, see section 225(g) of div. Q of Pub. L. 116–260, set out as a note under section 1064 of this title.
Effective Date of 1958 Amendment
For effective date and applicability of amendment by Pub. L. 85–609, see section 3 of Pub. L. 85–609, set out as a note under section 1067 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.
Construction of 2020 Amendment
For construction of amendment made by section 228(a)(2) of div. Q of Pub. L. 116–260 regarding Director’s authority before , and authority with respect to particular decisions, see section 228(b) of div. Q of Pub. L. 116–260, set out as a note under section 1068 of this title.
Reorganization Plan No. 5 of 1950
Amendment by Pub. L. 85–609 as subject to Reorganization Plan No. 5 of 1950, see note set out under section 1067 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
1946–2020 · 3 acts
- 1946July 5, 1946, ch. 540, title I, § 20, 60 Stat. 435
- 1958Pub. L. 85–609, § 1(b), , 72 Stat. 540
- 2020Pub. L. 116–260, div. Q, title II, §§ 225(d)(1), 228(a)(2), , 134 Stat. 2207, 2210.
Show as published
(July 5, 1946, ch. 540, title I, § 20, 60 Stat. 435; Pub. L. 85–609, § 1(b), , 72 Stat. 540; Pub. L. 116–260, div. Q, title II, §§ 225(d)(1), 228(a)(2), , 134 Stat. 2207, 2210.)