§ 1071. Appeal to courts

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. § 1071

   July 5, 1946, ch. 540, title I, § 21, 60 Stat. 435

   Source evidence

   Code source credit
   July 5, 1946, ch. 540, title I, § 21, 60 Stat. 435

2. 1958

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

   Substituted · 15 U.S.C. § 1071

   Pub. L. 85–609 authorized appeals by persons dissatisfied with the decision of the Trademark Trial and Appeal Board, and substituted “Trademark Trial and Appeal Board” for “Commissioner” in proviso

   Source evidence

   Code amendment note
   Pub. L. 85–609 authorized appeals by persons dissatisfied with the decision of the Trademark Trial and Appeal Board, and substituted “Trademark Trial and Appeal Board” for “Commissioner” in proviso.

3. 1962

   Pub. L. 87–772 § 12 · 76 Stat. 769

   Amended · 15 U.S.C. § 1071

   Pub. L. 87–772 amended section generally, and among other changes, incorporated with necessary changes in language, the various provisions of Title 35, Patents, relating to the procedure of appeals to the Court of Customs and Patent Appeals and review by civil action in patent cases, which had previously been incorporated by reference only

   Source evidence

   Code amendment note
   Pub. L. 87–772 amended section generally, and among other changes, incorporated with necessary changes in language, the various provisions of Title 35, Patents, relating to the procedure of appeals to the Court of Customs and Patent Appeals and review by civil action in patent cases, which had previously been incorporated by reference only.

   Enacted provision · exact public law section
   Sec. 12. Section 21 is amended by striking the entire section, and 15 USC 1071. inserting in lieu thereof the following: “Sec. 21. (a) (1) An applicant for registration of a mark, party to an interference proceeding, party to an opposition proceeding, party to an application to register as a lawful concurrent user, party to a cancellation proceeding, a registrant who has filed an 15 USC 1058. affidavit as provided in section 8, or an applicant for renewal, who is dissatisfied with the decision of the Commissioner or Trademark Trial and Appeal Board, may appeal to the United States Court of Customs and Patent Appeals thereby waiving his right to proceed under section 21(b) hereof: Provided, That such appeal shall be dismissed if any adverse party to the proceeding, other than the Commissioner, shall, within twenty days after the appellant has filed notice of appeal according to section 21(a)(2) hereof, files notice with the Commissioner that he elects to have all further proceedings conducted as provided in section 21(b) hereof. Thereupon the appellant shall have thirty day’s thereafter within which to file a civil action under said section 21(b), in default of which the decision appealed from shall govern the further proceedings in the case. “(2) When an appeal is taken to the United States Court of Customs and Patent Appeals, the appellant shall give notice thereof to the Commissioner, and shall file in the Patent Office his reasons of appeal, specifically set forth in writing, within such time after the date of the decision appealed from, not less than sixty days, as the Commissioner appoints. “(3) The court shall, before hearing such appeal, give notice of the time and place of the hearing to the Commissioner and the parties thereto. The Commissioner shall transmit to the court certified copies of all the necessary original papers and evidence in the case specified by the appellant and any additional papers and evidence specified by the appellee, and in an ex parte case the Commissioner shall furnish the court with the grounds of the decision of the Patent Office, in writing, touching all the points involved by the reasons of appeal. “(4) The court shall near and determine such appeal on the evidence produced before the Patent Office, and the decision shall be confined to the points set forth in the reasons of appeal. Upon its determination, the court shall return to the Commissioner a certificate of its proceedings and decision, which shall be entered of record in the Patent Office and govern the further proceedings in the case. “(b) (1) Whenever a person authorized by section 21(a) hereof to appeal to the United States Court of Customs and Patent Appeals is dissatisfied with the decision of the Commissioner or Trademark Trial and Appeal Board, said person may, unless appeal has been taken to said Court of Customs and Patent Appeals, nave remedy by a civil action if commenced within such time after such decision, not less than sixty days, as the Commissioner appoints or as provided in section 21(a). The court may adjudge that an applicant is entitled to a registration upon the application involved, that a registration involved should be canceled, or such other matter as the issues in the proceeding require, as the facts in the case may appear. Such adjudication shall authorize the Commissioner to take any necessary action, upon compliance with the requirements of law. “(2) Tlie Commissioner shall not be made a party to an inter partes proceeding under this subsection, but he shall be notified of the filing of the complaint by the clerk of the court in which it is filed and shall have the right to intervene in the action. “(3) In all cases where there is no adverse party, a copy of the complaint shall be served on the Commissioner; and all the expenses of the proceedings shall be paid by the party bringing them, whether the final decision is in his favor or not. In suits brought hereunder, the record in the Patent Office shall be admitted on motion of any party, upon such terms and conditions as to costs, expenses, and the further cross-examination of the witnesses as the court imposes, without prejudice to the right of any party to take further testimony. The testimony and exhibits of the record in the Patent Office, when admitted, shall have the same effect as if originally taken and produced in the suit. “(4) Where there is an adverse party, such suit may be instituted against the party in interest as shown by the records of the Patent Office at the time of the decision complained of, but any party in interest, may become a party to the action. If there be adverse parties residing in a plurality of districts not embraced within the same State, or an adverse party residing in a foreign country, the United States District Court for the District of Columbia shall have jurisdiction and may issue summons against the adverse parties directed to the marshal of any district in which any adverse party resides. Summons against adverse parties residing in foreign countries may be served by publication or otherwise as the court directs.”

4. 1975

   Pub. L. 93–600 § 2 · 88 Stat. 1955

   Substituted · 15 U.S.C. § 1071(a)(2)

   Pub. L. 93–600 substituted provisions relating to filing of notice of appeal with the Commissioner and the contents of such notice of appeal, for provisions relating to giving notice of appeal to the Commissioner and requiring filing in the Patent Office reasons for appeal

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 93–600 substituted provisions relating to filing of notice of appeal with the Commissioner and the contents of such notice of appeal, for provisions relating to giving notice of appeal to the Commissioner and requiring filing in the Patent Office reasons for appeal.

   Enacted provision · exact public law section
   Sec. 2. Section 21 of the Trademark Act of 1946 ( 60 Stat. 427), as 15 USC 1071. amended, is amended by deleting subsections (2). (3), and (4) from paragraph (a) and substituting therefor: “(2) Such an appeal to the United States Court of Customs and Notice of appeal. Patent Appeals shall be taken by filing a notice of appeal with the Commissioner, within sixty days after the date of the decision appealed from or such longer time after said date as the Commissioner appoints. The notice of such appeal shall specify the party or parties taking the appeal, shall designate the decision or part thereof appealed from, and shall state that the appeal is taken to said court. “(3) The court shall, before hearing such appeal, give notice of the Hearing,, notice. time and place of the hearing to the Commissioner and the parties thereto. The Commissioner shall transmit to the court certified copies of all the necessary original papers and evidence in the ease specified by the appellant and any additional papers and evidence specified by the appellee, and in an ex parte case the Commissioner shall furnish the court with a brief explaining the grounds of the decision of the Patent Office, touching all the points involved in the appeal. “(4) The court shall decide such appeal on the evidence produced before the Patent Office. The court shall return to the Commissioner a certificate of its proceedings and decision, which shall be entered of record in the Patent Office and govern further proceedings in the case.”.

5. 1975

   Pub. L. 93–600 § 2 · 88 Stat. 1955

   Inserted · 15 U.S.C. § 1071(a)(3)

   Pub. L. 93–600 inserted provision requiring the Commissioner to furnish the court with a brief explaining the grounds of the decision of the Office

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 93–600 inserted provision requiring the Commissioner to furnish the court with a brief explaining the grounds of the decision of the Office.

   Enacted provision · exact public law section
   Sec. 2. Section 21 of the Trademark Act of 1946 ( 60 Stat. 427), as 15 USC 1071. amended, is amended by deleting subsections (2). (3), and (4) from paragraph (a) and substituting therefor: “(2) Such an appeal to the United States Court of Customs and Notice of appeal. Patent Appeals shall be taken by filing a notice of appeal with the Commissioner, within sixty days after the date of the decision appealed from or such longer time after said date as the Commissioner appoints. The notice of such appeal shall specify the party or parties taking the appeal, shall designate the decision or part thereof appealed from, and shall state that the appeal is taken to said court. “(3) The court shall, before hearing such appeal, give notice of the Hearing,, notice. time and place of the hearing to the Commissioner and the parties thereto. The Commissioner shall transmit to the court certified copies of all the necessary original papers and evidence in the ease specified by the appellant and any additional papers and evidence specified by the appellee, and in an ex parte case the Commissioner shall furnish the court with a brief explaining the grounds of the decision of the Patent Office, touching all the points involved in the appeal. “(4) The court shall decide such appeal on the evidence produced before the Patent Office. The court shall return to the Commissioner a certificate of its proceedings and decision, which shall be entered of record in the Patent Office and govern further proceedings in the case.”.

6. 1975

   Pub. L. 93–596 § 1 · 88 Stat. 1949

   Substituted · 15 U.S.C. § 1071(a)(3)

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

   Target inherited from the preceding amendment note.

   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.

7. 1975

   Pub. L. 93–600 § 2 · 88 Stat. 1955

   1. Substituted · 15 U.S.C. § 1071(a)(4)

      Pub. L. 93–600 substituted “decide” for “hear and determine”

   2. Struck · 15 U.S.C. § 1071(a)(4)

      Pub. L. 93–600 struck out “Upon its determination,” before “the court shall return” and provision requiring the decision to be confined to the points set forth in the reasons of appeal

   Source evidence

   Code amendment note
   Subsec. (a)(4). Pub. L. 93–600 substituted “decide” for “hear and determine” and struck out “Upon its determination,” before “the court shall return” and provision requiring the decision to be confined to the points set forth in the reasons of appeal.

   Enacted provision · exact public law section
   Sec. 2. Section 21 of the Trademark Act of 1946 ( 60 Stat. 427), as 15 USC 1071. amended, is amended by deleting subsections (2). (3), and (4) from paragraph (a) and substituting therefor: “(2) Such an appeal to the United States Court of Customs and Notice of appeal. Patent Appeals shall be taken by filing a notice of appeal with the Commissioner, within sixty days after the date of the decision appealed from or such longer time after said date as the Commissioner appoints. The notice of such appeal shall specify the party or parties taking the appeal, shall designate the decision or part thereof appealed from, and shall state that the appeal is taken to said court. “(3) The court shall, before hearing such appeal, give notice of the Hearing,, notice. time and place of the hearing to the Commissioner and the parties thereto. The Commissioner shall transmit to the court certified copies of all the necessary original papers and evidence in the ease specified by the appellant and any additional papers and evidence specified by the appellee, and in an ex parte case the Commissioner shall furnish the court with a brief explaining the grounds of the decision of the Patent Office, touching all the points involved in the appeal. “(4) The court shall decide such appeal on the evidence produced before the Patent Office. The court shall return to the Commissioner a certificate of its proceedings and decision, which shall be entered of record in the Patent Office and govern further proceedings in the case.”.

8. 1975

   Pub. L. 93–596 § 1 · 88 Stat. 1949

   Substituted · 15 U.S.C. § 1071(a)(4)

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

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 93–596 substituted “Patent and Trademark Office” for “Patent Office” in two places.

   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.

9. 1975

   Pub. L. 93–596 § 1 · 88 Stat. 1949

   Substituted · 15 U.S.C. § 1071(b)(3); 15 U.S.C. § 1071(b)(4)

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

   Source evidence

   Code amendment note
   Subsec. (b)(3), (4). 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.

10. 1982

    Federal Courts Improvement Act of 1982

    Pub. L. 97–164 title I § 162(1) · 96 Stat. 25

    Substituted · 15 U.S.C. § 1071(a)(1); 15 U.S.C. § 1071(a)(2); 15 U.S.C. § 1071(b)(1)

    Pub. L. 97–164 substituted “United States Court of Appeals for the Federal Circuit” for “United States Court of Customs and Patent Appeals” and “Court of Customs and Patent Appeals” wherever appearing

    Source evidence

    Code amendment note
    Subsecs. (a)(1), (2), (b)(1). Pub. L. 97–164 substituted “United States Court of Appeals for the Federal Circuit” for “United States Court of Customs and Patent Appeals” and “Court of Customs and Patent Appeals” wherever appearing.

    Enacted provision · exact public law section
    (1) Section 21 of the Trademark Act of 1946 (15 U.S.C. 1071).

11. 1984

    Technical Amendments to the Federal Courts Improvement Act of 1982

    Pub. L. 98–620 title IV § 414(b) · 98 Stat. 3335

    1. Substituted · 15 U.S.C. § 1071(a)(2)

       Pub. L. 98–620 substituted provisions requiring the appellant to file a written notice of appeal in the Patent and Trademark Office directed to the Commissioner for provisions requiring the appellant to file the notice of appeal with the Commissioner

    2. Struck · 15 U.S.C. § 1071(a)(2)

       Pub. L. 98–620 struck out provision which required the notice of appeal to specify the party or parties taking the appeal, to designate the decision or part thereof appealed from, and to state that the appeal was being taken to the United States Court of Appeals for the Federal Circuit

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 98–620 substituted provisions requiring the appellant to file a written notice of appeal in the Patent and Trademark Office directed to the Commissioner for provisions requiring the appellant to file the notice of appeal with the Commissioner, and struck out provision which required the notice of appeal to specify the party or parties taking the appeal, to designate the decision or part thereof appealed from, and to state that the appeal was being taken to the United States Court of Appeals for the Federal Circuit.

    Enacted provision · exact public law section
    (b) Paragraphs (2), (3), and (4) of subsection (a) of section 21 of the Act entitled “An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes”, approved July 5, 1946 (15 U.S.C. 1071(a) (2), (3), and (4)), are amended to read as follows: “(2) When an appeal is taken to the United States Court of Appeals for the Federal Circuit, the appellant shall file in the Patent and Trademark Office a written notice of appeal directed to the Commissioner, within such time after the date of the decision from which the appeal is taken as the Commissioner prescribes, but in no case less than 60 days after that date. “(3) The Commissioner shall transmit to the United States Court of Appeals for the Federal Circuit a certified list of the documents comprising the record in the Patent and Trademark Office. The court may request that the Commissioner forward the original or certified copies of such documents during pendency of the appeal. In an ex parte case, the Commissioner shall submit to that court a brief explaining the grounds for the decision of the Patent and Trademark Office, addressing all the issues involved in the appeal. The court shall, before hearing an appeal, give notice of the time and place of the hearing to the Commissioner and the parties in the appeal. “(4) The United States Court of Appeals for the Federal Circuit shall review the decision from which the appeal is taken on the record before the Patent and Trademark Office. Upon its determination the court shall issue its mandate and opinion to the Commis-sioner, which shall be entered of record in the Patent and Trademark Office and shall govern the further proceedings in the case.”.

12. 1984

    Technical Amendments to the Federal Courts Improvement Act of 1982

    Pub. L. 98–620 title IV § 414(b) · 98 Stat. 3335

    1. Substituted · 15 U.S.C. § 1071(a)(3)

       Pub. L. 98–620 substituted provisions requiring the Commissioner to transmit to the United States Court of Appeals for the Federal Circuit a certified list of the documents comprising the record in the Patent and Trademark Office for provisions which required the Commissioner to transmit to the court certified copies of all the necessary original papers and evidence in the case specified by the appellant, and any additional papers and evidence specified by the appellee

    2. Inserted · 15 U.S.C. § 1071(a)(3)

       Pub. L. 98–620 inserted provision that the court may request that the Commissioner forward the original or certified copies of such documents during the pendency of the appeal

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 98–620 substituted provisions requiring the Commissioner to transmit to the United States Court of Appeals for the Federal Circuit a certified list of the documents comprising the record in the Patent and Trademark Office for provisions which required the Commissioner to transmit to the court certified copies of all the necessary original papers and evidence in the case specified by the appellant, and any additional papers and evidence specified by the appellee, and inserted provision that the court may request that the Commissioner forward the original or certified copies of such documents during the pendency of the appeal.

    Enacted provision · exact public law section
    (b) Paragraphs (2), (3), and (4) of subsection (a) of section 21 of the Act entitled “An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes”, approved July 5, 1946 (15 U.S.C. 1071(a) (2), (3), and (4)), are amended to read as follows: “(2) When an appeal is taken to the United States Court of Appeals for the Federal Circuit, the appellant shall file in the Patent and Trademark Office a written notice of appeal directed to the Commissioner, within such time after the date of the decision from which the appeal is taken as the Commissioner prescribes, but in no case less than 60 days after that date. “(3) The Commissioner shall transmit to the United States Court of Appeals for the Federal Circuit a certified list of the documents comprising the record in the Patent and Trademark Office. The court may request that the Commissioner forward the original or certified copies of such documents during pendency of the appeal. In an ex parte case, the Commissioner shall submit to that court a brief explaining the grounds for the decision of the Patent and Trademark Office, addressing all the issues involved in the appeal. The court shall, before hearing an appeal, give notice of the time and place of the hearing to the Commissioner and the parties in the appeal. “(4) The United States Court of Appeals for the Federal Circuit shall review the decision from which the appeal is taken on the record before the Patent and Trademark Office. Upon its determination the court shall issue its mandate and opinion to the Commis-sioner, which shall be entered of record in the Patent and Trademark Office and shall govern the further proceedings in the case.”.

13. 1984

    Technical Amendments to the Federal Courts Improvement Act of 1982

    Pub. L. 98–620 title IV § 414(b) · 98 Stat. 3335

    Substituted · 15 U.S.C. § 1071(a)(4)

    Pub. L. 98–620 substituted provisions requiring the court to review the decision from which the appeal is taken on the record before the Patent and Trademark Office, and, upon its determination, to issue its mandate and opinion to the Commissioner for provisions which required the court to decide such appeal on the evidence produced before the Patent and Trademark Office and to return to the Commissioner a certificate of its proceedings and decision

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 98–620 substituted provisions requiring the court to review the decision from which the appeal is taken on the record before the Patent and Trademark Office, and, upon its determination, to issue its mandate and opinion to the Commissioner for provisions which required the court to decide such appeal on the evidence produced before the Patent and Trademark Office and to return to the Commissioner a certificate of its proceedings and decision.

    Enacted provision · exact public law section
    (b) Paragraphs (2), (3), and (4) of subsection (a) of section 21 of the Act entitled “An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes”, approved July 5, 1946 (15 U.S.C. 1071(a) (2), (3), and (4)), are amended to read as follows: “(2) When an appeal is taken to the United States Court of Appeals for the Federal Circuit, the appellant shall file in the Patent and Trademark Office a written notice of appeal directed to the Commissioner, within such time after the date of the decision from which the appeal is taken as the Commissioner prescribes, but in no case less than 60 days after that date. “(3) The Commissioner shall transmit to the United States Court of Appeals for the Federal Circuit a certified list of the documents comprising the record in the Patent and Trademark Office. The court may request that the Commissioner forward the original or certified copies of such documents during pendency of the appeal. In an ex parte case, the Commissioner shall submit to that court a brief explaining the grounds for the decision of the Patent and Trademark Office, addressing all the issues involved in the appeal. The court shall, before hearing an appeal, give notice of the time and place of the hearing to the Commissioner and the parties in the appeal. “(4) The United States Court of Appeals for the Federal Circuit shall review the decision from which the appeal is taken on the record before the Patent and Trademark Office. Upon its determination the court shall issue its mandate and opinion to the Commis-sioner, which shall be entered of record in the Patent and Trademark Office and shall govern the further proceedings in the case.”.

14. 1988

    Trademark Law Revision Act of 1988

    Pub. L. 100–667 § 120(1) · 102 Stat. 3935

    1. Substituted · 15 U.S.C. § 1071(a)(1)

       Pub. L. 100–667, § 120(1), made technical amendments to references in the original act to subsection (b) of this section resulting in no change in text, and substituted “paragraph (2) of this subsection” for “subsection (a)(2) of this section”

    2. Substituted · 15 U.S.C. § 1071(a)(1)

       Pub. L. 100–667, § 120(1), made technical amendments to references in the original act to subsection (b) of this section resulting in no change in text, and substituted “action under subsection” for “action under said subsection”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 100–667, § 120(1), made technical amendments to references in the original act to subsection (b) of this section resulting in no change in text, and substituted “paragraph (2) of this subsection” for “subsection (a)(2) of this section” and “action under subsection” for “action under said subsection”.

    Enacted provision · exact public law section
    (1) in subsection (a)(1)— (A) by striking out “section 21(b) hereof” each place it appears and inserting in lieu thereof “subsection (b) of this section”; (B) by striking out “section 21(a)(2) hereof” and inserting in lieu thereof “paragraph (2) of this subsection”; and (C) by striking out “said section 21(b)” and inserting in lieu thereof “subsection (b) of this section”;

15. 1988

    Trademark Law Revision Act of 1988

    Pub. L. 100–667 § 120(2) · 102 Stat. 3935

    Inserted · 15 U.S.C. § 1071(a)(4)

    Pub. L. 100–667, § 120(2), inserted provision that no final judgment be entered before mark is registered if applicant cannot prevail without establishing constructive use

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 100–667, § 120(2), inserted provision that no final judgment be entered before mark is registered if applicant cannot prevail without establishing constructive use.

    Enacted provision · exact public law section
    (2) in subsection (a)(4), by 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).”;

16. 1988

    Trademark Law Revision Act of 1988

    Pub. L. 100–667 § 120(3) · 102 Stat. 3935

    Inserted · 15 U.S.C. § 1071(b)(1)

    Pub. L. 100–667, § 120(3), made technical amendments to references in the original act to subsection (a) of this section resulting in no change in text and inserted provision that no final judgment be entered before mark is registered if applicant cannot prevail without establishing constructive use

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 100–667, § 120(3), made technical amendments to references in the original act to subsection (a) of this section resulting in no change in text and inserted provision that no final judgment be entered before mark is registered if applicant cannot prevail without establishing constructive use.

    Enacted provision · exact public law section
    (3) in subsection (b)(1)— (A) by striking out “section 21(a) hereof” and inserting in lieu thereof “subsection (a) of this section”; (B) by striking out “section 21(a)” and inserting in lieu thereof “subsection (a) of this section”; and (C) by 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).”; and

17. 1988

    Trademark Law Revision Act of 1988

    Pub. L. 100–667 § 120(4) · 102 Stat. 3935

    Amended · 15 U.S.C. § 1071(b)(3)

    Pub. L. 100–667, § 120(4), amended first sentence generally. Prior to amendment, first sentence read as follows: “In all cases where there is no adverse party, a copy of the complaint shall be served on the Commissioner; and all the expenses of the proceedings shall be paid by the party bringing them, whether the final decision is in his favor or not.”

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 100–667, § 120(4), amended first sentence generally. Prior to amendment, first sentence read as follows: “In all cases where there is no adverse party, a copy of the complaint shall be served on the Commissioner; and all the expenses of the proceedings shall be paid by the party bringing them, whether the final decision is in his favor or not.”

    Enacted provision · exact public law section
    (4) in subsection (b)(3), by striking out “(3)” and all that follows through the end of the first sentence and inserting in lieu thereof the following: “(3) In any case where there is no adverse party, a copy of the complaint shall be served on the Commissioner, and, unless the court finds the expenses to be unreasonable, all the expenses of the proceeding shall be paid by the party bringing the case, whether the final decision is in favor of such party or not.”.

18. 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. § 1071

    Pub. L. 106–113 substituted “Director” for “Commissioner” wherever appearing

    Source evidence

    Code amendment note
    Pub. L. 106–113 substituted “Director” for “Commissioner” wherever appearing.

19. 2010

    Trademark Technical and Conforming Amendment Act of 2010

    Pub. L. 111–146 § 3(c)(2) · 124 Stat. 66

    Inserted · 15 U.S.C. § 1071(a)(1)

    Pub. L. 111–146, § 3(c)(2), inserted “or section 1141k of this title” after “section 1058 of this title”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 111–146, § 3(c)(2), inserted “or section 1141k of this title” after “section 1058 of this title”.

    Enacted provision · exact public law section
    (2) in subsection (a)(1), by inserting “or section 71” after “section 8”; and

20. 2010

    Trademark Technical and Conforming Amendment Act of 2010

    Pub. L. 111–146 § 3(c)(1) · 124 Stat. 66

    Inserted · 15 U.S.C. § 1071(a)(2)(4)

    Pub. L. 111–146, § 3(c)(1), inserted “United States” before “Patent and Trademark Office” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (a)(2) to (4). Pub. L. 111–146, § 3(c)(1), inserted “United States” before “Patent and Trademark Office” wherever appearing.

    Enacted provision · exact public law section
    (1) by inserting “United States” before “Patent and Trademark Office” each place that term appears;

21. 2010

    Trademark Technical and Conforming Amendment Act of 2010

    Pub. L. 111–146 § 3(c)(1) · 124 Stat. 66

    Inserted · 15 U.S.C. § 1071(b)(3)

    Pub. L. 111–146, § 3(c)(1), inserted “United States” before “Patent and Trademark Office” in two places

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 111–146, § 3(c)(1), inserted “United States” before “Patent and Trademark Office” in two places.

    Enacted provision · exact public law section
    (1) by inserting “United States” before “Patent and Trademark Office” each place that term appears;

22. 2010

    Trademark Technical and Conforming Amendment Act of 2010

    Pub. L. 111–146 § 3(c)(1) · 124 Stat. 66

    1. Inserted · 15 U.S.C. § 1071(b)(4)

       Pub. L. 111–146, § 3(c)(1), (3), inserted “United States” before “Patent and Trademark Office”

    2. Substituted · 15 U.S.C. § 1071(b)(4)

       Pub. L. 111–146, § 3(c)(1), (3), substituted “If there are” for “If there be”

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 111–146, § 3(c)(1), (3), inserted “United States” before “Patent and Trademark Office” and substituted “If there are” for “If there be”.

    Enacted provision · exact public law section
    (1) by inserting “United States” before “Patent and Trademark Office” each place that term appears;

23. 2011

    Pub. L. 112–29 § 9(a) · 125 Stat. 316

    Substituted · 15 U.S.C. § 1071(b)(4)

    Pub. L. 112–29 substituted “United States District Court for the Eastern District of Virginia” for “United States District Court for the District of Columbia”

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 112–29 substituted “United States District Court for the Eastern District of Virginia” for “United States District Court for the District of Columbia”.

    Enacted provision · exact public law section
    (a) Technical Amendments Relating to Venue.— Sections 32, 145, 146, 154(b)(4)(A), and 293 of title 35, United States Code, and section 21(b)(4) of the Trademark Act of 1946 (15 U.S.C. 1071(b)(4)), are each amended by striking “United States District Court for the District of Columbia” each place that term appears and inserting “United States District Court for the Eastern District of Virginia”.

24. 2020

    Department of Homeland Security Appropriations Act, 2021

    Pub. L. 116–260 § 225(d)(2)(A) · 134 Stat. 1182

    Substituted · 15 U.S.C. § 1071(a)(1)

    Pub. L. 116–260, § 225(d)(2)(A), substituted “an applicant for renewal, or a registrant subject to an ex parte expungement proceeding or an ex parte reexamination proceeding” for “or an applicant for renewal”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 116–260, § 225(d)(2)(A), substituted “an applicant for renewal, or a registrant subject to an ex parte expungement proceeding or an ex parte reexamination proceeding” for “or an applicant for renewal”.

    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 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.

25. 2020

    Department of Homeland Security Appropriations Act, 2021

    Pub. L. 116–260 § 225(d)(2)(B) · 134 Stat. 1182

    Inserted · 15 U.S.C. § 1071(b)(1)

    Pub. L. 116–260, § 225(d)(2)(B), inserted “, except for a registrant subject to an ex parte expungement proceeding or an ex parte reexamination proceeding,” before “is dissatisfied”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 116–260, § 225(d)(2)(B), inserted “, except for a registrant subject to an ex parte expungement proceeding or an ex parte reexamination proceeding,” before “is dissatisfied”.

    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 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.

27 of 30 references resolved to an enrolled provision · 3 partial