§ 1067. — Interference, opposition, and proceedings for concurrent use registration or for cancellation; notice; Trademark Trial and Appeal Board.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC1067]
TITLE 15--COMMERCE AND TRADE
CHAPTER 22--TRADEMARKS
SUBCHAPTER I--THE PRINCIPAL REGISTER
Sec. 1067. Interference, opposition, and proceedings for
concurrent use registration or for cancellation; notice;
Trademark Trial and Appeal Board
(a) In every case of interference, opposition to registration,
application to register as a lawful concurrent user, or application to
cancel the registration of a mark, the Director shall give notice to all
parties and shall direct a Trademark Trial and Appeal Board to determine
and decide the respective rights of registration.
(b) The Trademark Trial and Appeal Board shall include the Director,
the Commissioner for Patents, the Commissioner for Trademarks, and
administrative trademark judges who are appointed by the Director.
(July 5, 1946, ch. 540, title I, Sec. 17, 60 Stat. 434; Pub. L. 85-609,
Sec. 1(a), Aug. 8, 1958, 72 Stat. 540; Pub. L. 93-596, Sec. 1, Jan. 2,
1975, 88 Stat. 1949; Pub. L. 96-455, Sec. 1, Oct. 15, 1980, 94 Stat.
2024; Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, Sec. 4716],
Nov. 29, 1999, 113 Stat. 1536, 1501A-580; Pub. L. 107-273, div. C, title
III, Sec. 13203(a)(1), Nov. 2, 2002, 116 Stat. 1902.)
Prior Provisions
Act Feb. 20, 1905, ch. 592, Sec. 7, 33 Stat. 726.
Amendments
2002--Subsec. (b). Pub. L. 107-273, which directed amendment of
subsec. (b) by inserting ``the Deputy Commissioner,'' after
``Commissioner,'', could not be executed because ``Commissioner,'' does
not appear in text.
1999--Pub. L. 106-113 amended section generally. Prior to amendment,
section read as follows:
``In every case of interference, opposition to registration,
application to register as a lawful concurrent user, or application to
cancel the registration of a mark, the Commissioner shall give notice to
all parties and shall direct a Trademark Trial and Appeal Board to
determine and decide the respective rights of registration.
``The Trademark Trial and Appeal Board shall include the
Commissioner, the Deputy Commissioner, the Assistant Commissioners, and
members appointed by the Commissioner. Employees of the Patent and
Trademark Office and other persons, all of whom shall be competent in
trademark law, shall be eligible for appointment as members. Each case
shall be heard by at least three members of the Board, the members
hearing such case to be designated by the Commissioner.''
1980--Pub. L. 96-455 inserted provisions requiring that the
Trademark Trial and Appeal Board include the Deputy Commissioner and
members appointed by the Commissioner and provisions that employees of
the Patent and Trademark Office and other persons, all of whom shall be
competent in trademark law, shall be eligible for appointment as
members; and struck out provision that the Board include Patent and
Trademark Office employees, designated by the Commissioner and whose
qualifications have been approved by the Civil Service Commission as
being adequate for appointment to the position of examiner in charge of
interferences.
1975--Pub. L. 93-596 substituted ``Patent and Trademark Office'' for
``Patent Office''.
1958--Pub. L. 85-609 substituted ``a Trademark Trial and Appeal
Board'' for ``the examiner in charge of interferences'' in first
paragraph, and inserted second paragraph relating to the composition of
the Board.
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 1980 Amendment; Board Membership as of October 15,
1980, Unaffected
Section 2 of Pub. L. 96-455 provided that: ``This amendment
[amending this section] shall become effective on the date of its
enactment [Oct. 15, 1980]. Members of the Trademark Trial and Appeal
Board on the date of enactment shall continue to be members under and in
accordance with the provisions of section 17 of the Act of July 5, 1946,
as amended [this section], in effect immediately preceding the date of
enactment.''
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.
Effective Date of 1958 Amendment
Section 3 of Pub. L. 85-609 provided that: ``This Act [amending this
section and sections 1070, 1071, 1092, and 1113 of this title] shall
take effect on approval [Aug. 8, 1958]; it shall apply to ex parte
appeals taken to the Commissioner prior to the date of approval which
have not been heard but shall not apply to any such appeal which has
been heard or decided in which event further proceedings may be had as
though this Act had not been passed; it shall apply to inter partes
cases instituted prior to the date of approval which have not been heard
by an examiner of interferences, but shall not apply to any such case
which has been heard or decided by an examiner of interferences in which
event further proceedings may be had as though this Act had not
passed.''
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.
Reorganization Plan No. 5 of 1950
Section 2 of Pub. L. 85-609 provided that: ``The provisions of this
Act [amending this section and sections 1070, 1071, 1092, and 1113 of
this title] shall be subject to Reorganization Plan No. 5 of 1950 (64
Stat. 1263).''
Section Referred to in Other Sections
This section is referred to in section 1094 of this title.
