§ 1062. — Publication.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC1062]
TITLE 15--COMMERCE AND TRADE
CHAPTER 22--TRADEMARKS
SUBCHAPTER I--THE PRINCIPAL REGISTER
Sec. 1062. Publication
(a) Examination and publication
Upon the filing of an application for registration and payment of
the prescribed fee, the Director shall refer the application to the
examiner in charge of the registration of marks, who shall cause an
examination to be made and, if on such examination it shall appear that
the applicant is entitled to registration, or would be entitled to
registration upon the acceptance of the statement of use required by
section 1051(d) of this title, the Director shall cause the mark to be
published in the Official Gazette of the Patent and Trademark Office:
Provided, That in the case of an applicant claiming concurrent use, or
in the case of an application to be placed in an interference as
provided for in section 1066 of this title the mark, if otherwise
registrable, may be published subject to the determination of the rights
of the parties to such proceedings.
(b) Refusal of registration; amendment of application; abandonment
If the applicant is found not entitled to registration, the examiner
shall advise the applicant thereof and of the reasons therefor. The
applicant shall have a period of six months in which to reply or amend
his application, which shall then be reexamined. This procedure may be
repeated until (1) the examiner finally refuses registration of the mark
or (2) the applicant fails for a period of six months to reply or amend
or appeal, whereupon the application shall be deemed to have been
abandoned, unless it can be shown to the satisfaction of the Director
that the delay in responding was unintentional, whereupon such time may
be extended.
(c) Republication of marks registered under prior acts
A registrant of a mark registered under the provisions of the Act of
March 3, 1881, or the Act of February 20, 1905, may, at any time prior
to the expiration of the registration thereof, upon the payment of the
prescribed fee file with the Director an affidavit setting forth those
goods stated in the registration on which said mark is in use in
commerce and that the registrant claims the benefits of this chapter for
said mark. The Director shall publish notice thereof with a reproduction
of said mark in the Official Gazette, and notify the registrant of such
publication and of the requirement for the affidavit of use or nonuse as
provided for in subsection (b) of section 1058 of this title. Marks
published under this subsection shall not be subject to the provisions
of section 1063 of this title.
(July 5, 1946, ch. 540, title I, Sec. 12, 60 Stat. 432; Pub. L. 87-772,
Sec. 7, Oct. 9, 1962, 76 Stat. 770; Pub. L. 93-596, Sec. 1, Jan. 2,
1975, 88 Stat. 1949; Pub. L. 100-667, title I, Sec. 113, Nov. 16, 1988,
102 Stat. 3940; Pub. L. 105-330, title I, Sec. 104, Oct. 30, 1998, 112
Stat. 3066; Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV,
Sec. 4732(b)(1)(B)], Nov. 29, 1999, 113 Stat. 1536, 1501A-583.)
References in Text
Acts March 3, 1881 and February 20, 1905, referred to in subsec.
(c), are acts Mar. 3, 1881, ch. 138, 21 Stat. 502 and Feb. 20, 1905, ch.
592, 33 Stat. 724, which were repealed insofar as inconsistent with this
chapter by act July 5, 1946, ch. 540, Sec. 46(a), 60 Stat. 444. Act Feb.
20, 1905, was classified to sections 81 to 109 of this title.
Prior Provisions
Acts Feb. 20, 1905, ch. 592, Sec. 6, 33 Stat. 726; Mar. 2, 1907, ch.
2573, Sec. 2, 34 Stat. 1252.
Amendments
1999--Pub. L. 106-113 substituted ``Director'' for ``Commissioner''
wherever appearing.
1998--Subsec. (b). Pub. L. 105-330 substituted ``unintentional'' for
``unavoidable'' in last sentence.
1988--Subsec. (a). Pub. L. 100-667 substituted ``prescribed fee''
for ``fee herein provided'', and ``entitled to registration, or would be
entitled to registration upon the acceptance of the statement of use
required by section 1051(d) of this title, the'' for ``entitled to
registration, the''.
1975--Subsec. (a). Pub. L. 93-596 substituted ``Patent and Trademark
Office'' for ``Patent Office''.
1962--Subsec. (a). Pub. L. 87-772 inserted proviso permitting
publication of the mark in the case of an applicant claiming concurrent
use, or an application to be placed in an interference, if such mark is
otherwise registrable, subject to the determination of the rights of the
parties.
Subsec. (c). Pub. L. 87-772 inserted ``Marks published under''
before ``this subsection shall not be subject''.
Effective Date of 1999 Amendment
Amendment by Pub. L. 106-113 effective 4 months after Nov. 29, 1999,
see section 1000(a)(9) [title IV, Sec. 4731] of Pub. L. 106-113, set out
as a note under section 1 of Title 35, Patents.
Effective Date of 1998 Amendment
Amendment by Pub. L. 105-330 effective on the date that is 1 year
after Oct. 30, 1998, see section 110 of Pub. L. 105-330, set out as a
note under section 1051 of this title.
For provisions relating to applicability of amendment by Pub. L.
105-330 to applications for registration of trademarks, see section
109(b) of Pub. L. 105-330, set out as a note under section 1051 of this
title.
Effective Date of 1988 Amendment
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.
Effective Date of 1975 Amendment
Amendment by Pub. L. 93-596 effective Jan. 2, 1975, 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.
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,
Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1263, set out in
the Appendix to Title 5, Government Organization and Employees.
Section Referred to in Other Sections
This section is referred to in sections 1058, 1063, 1064, 1065,
1091, 1115 of this title.
