§ 1092. Publication; not subject to opposition; 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. § 1092

   July 5, 1946, ch. 540, title II, § 24, 60 Stat. 436

   Source evidence

   Code source credit
   July 5, 1946, ch. 540, title II, § 24, 60 Stat. 436

2. 1958

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

   Substituted · 15 U.S.C. § 1092

   Pub. L. 85–609 substituted provisions requiring the Commissioner to refer applications to the Trademark Trial and Appeal Board for provisions which required referral to the examiner in charge of interferences

   Source evidence

   Code amendment note
   Pub. L. 85–609 substituted provisions requiring the Commissioner to refer applications to the Trademark Trial and Appeal Board for provisions which required referral to the examiner in charge of interferences.

3. 1962

   Pub. L. 87–772 § 14 · 76 Stat. 769

   Changed · 15 U.S.C. § 1092

   Pub. L. 87–772 provided for payment of the prescribed fee and the filing of a verified petition

   Source evidence

   Code amendment note
   Pub. L. 87–772 provided for payment of the prescribed fee and the filing of a verified petition.

   Enacted provision · exact public law section
   Sec. 14. Section 24 is amended by inserting in the second sentence 15 USC 1092. thereof, following the word “time”, the following: “, upon payment of the prescribed fee and the filing of a verified petition stating the ground therefor,”; and by inserting in the third sentence following the word “Board” the word “which”.

4. 1975

   Pub. L. 93–596 § 1 · 88 Stat. 1949

   Substituted · 15 U.S.C. § 1092

   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.

5. 1988

   Trademark Law Revision Act of 1988

   Pub. L. 100–667 title I § 122 · 102 Stat. 3935

   1. Struck · 15 U.S.C. § 1092

      Pub. L. 100–667 struck out “verified” after “filing of a”

   2. Substituted · 15 U.S.C. § 1092

      Pub. L. 100–667 substituted “is not entitled to registration,” for “was not entitled to register the mark at the time of his application for registration thereof,” struck out “is not used by the registrant or” after “that the mark”

   3. Inserted · 15 U.S.C. § 1092

      Pub. L. 100–667 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
   Pub. L. 100–667 struck out “verified” after “filing of a”, substituted “is not entitled to registration,” for “was not entitled to register the mark at the time of his application for registration thereof,” struck out “is not used by the registrant or” after “that the mark”, 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
   SEC. 122. CANCELLATION ON SUPPLEMENTAL REGISTER. Section 24 (15 U.S.C. 1092) is amended— (1) by striking out “verified” in the second sentence; (2) by striking out “was not entitled to register the mark at the time of his application for registration thereof,” and inserting in lieu thereof “is not entitled to registration,”; (3) by striking out “is not used by the registrant or”; and (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).”.

6. 1999

   Trademark Amendments Act of 1999

   Pub. L. 106–43 § 2(d) · 113 Stat. 218

   Inserted · 15 U.S.C. § 1092

   Pub. L. 106–43 inserted “, including as a result of dilution under section 1125(c) of this title,” after “register” in second sentence

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 106–43 inserted “, including as a result of dilution under section 1125(c) of this title,” after “register” in second sentence.

   Enacted provision · exact public law section
   (d) Cancellation.— Section 24 of the Trademark Act of 1946 (15 U.S.C. 1092) is amended in the second sentence by inserting “, including as a result of dilution under section 43(c),” after “register”.

   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. Amendment by Pub. L. 106–43 effective Aug. 5, 1999, and applicable only to any application for registration filed on or after Jan. 16, 1996, see section 2(e) of Pub. L. 106–43, set out as a note under section 1052 of this title.

7. 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. § 1092

   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.

   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. Amendment by Pub. L. 106–43 effective Aug. 5, 1999, and applicable only to any application for registration filed on or after Jan. 16, 1996, see section 2(e) of Pub. L. 106–43, set out as a note under section 1052 of this title.

8. 2006

   Trademark Dilution Revision Act of 2006

   Pub. L. 109–312 § 3(d) · 120 Stat. 1730

   Amended · 15 U.S.C. § 1092

   Pub. L. 109–312 amended second sentence generally. Prior to amendment, second sentence read as follows: “Whenever any person believes that he is or will be damaged by the registration of a mark on this register, including as a result of dilution under section 1125(c) of this title, he may at any time, upon payment of the prescribed fee and the filing of a petition stating the ground therefor, apply to the Director to cancel such registration.” The words following “tarnishment,” in second sentence are shown as a flush provision notwithstanding directory language showing them as part of cl. (2), to reflect the probable intent of Congress

   Source evidence

   Code amendment note
   Pub. L. 109–312 amended second sentence generally. Prior to amendment, second sentence read as follows: “Whenever any person believes that he is or will be damaged by the registration of a mark on this register, including as a result of dilution under section 1125(c) of this title, he may at any time, upon payment of the prescribed fee and the filing of a petition stating the ground therefor, apply to the Director to cancel such registration.” The words following “tarnishment,” in second sentence are shown as a flush provision notwithstanding directory language showing them as part of cl. (2), to reflect the probable intent of Congress.

   Enacted provision · exact public law section
   (d) Marks for the Supplemental Register.— The second sentence of section 24 of the Trademark Act of 1946 (15 U.S.C. 1092) is amended to read as follows: “Whenever any person believes that such person is or will be damaged by the registration of a mark on the supplemental reg- ister— “(1) for which the effective filing date is after the date on which such person’s mark became famous and which would be likely to cause dilution by blurring or dilution by tarnishment under section 43(c); or “(2) on grounds other than dilution by blurring or dilution by tarnishment, such person may at any time, upon payment of the prescribed fee and the filing of a petition stating the ground therefor, apply to the Director to cancel such registration.” .

9. 2020

   Department of Homeland Security Appropriations Act, 2021

   Pub. L. 116–260 div. Q title II § 228(a)(3) · 134 Stat. 1182

   Inserted · 15 U.S.C. § 1092

   Pub. L. 116–260 inserted “, unless the Director reconsiders the decision of the Board, and modifies or sets aside, such decision” after “shall be canceled by the Director” in concluding provisions

   Source evidence

   Code amendment note
   Pub. L. 116–260 inserted “, unless the Director reconsiders the decision of the Board, and modifies or sets aside, such decision” after “shall be canceled by the Director” in concluding provisions.

   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.

8 of 11 references resolved to an enrolled provision · 3 partial