§ 1068. — Action of Director in interference, opposition, and proceedings for concurrent use registration or for cancellation.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC1068]
TITLE 15--COMMERCE AND TRADE
CHAPTER 22--TRADEMARKS
SUBCHAPTER I--THE PRINCIPAL REGISTER
Sec. 1068. Action of Director in interference, opposition, and
proceedings for concurrent use registration or for cancellation
In such proceedings the Director may refuse to register the opposed
mark, may cancel the registration, in whole or in part, may modify the
application or registration by limiting the goods or services specified
therein, may otherwise restrict or rectify with respect to the register
the registration of a registered mark, may refuse to register any or all
of several interfering marks, or may register the mark or marks for the
person or persons entitled thereto, as the rights of the parties under
this chapter may be established in the proceedings: Provided, That in
the case of the registration of any mark based on concurrent use, the
Director shall determine and fix the conditions and limitations provided
for in subsection (d) of section 1052 of this title. However, no final
judgment shall be entered in favor of an applicant under section 1051(b)
of this title before the mark is registered, if such applicant cannot
prevail without establishing constructive use pursuant to section
1057(c) of this title.
(July 5, 1946, ch. 540, title I, Sec. 18, 60 Stat. 434; Pub. L. 100-667,
title I, Sec. 118, Nov. 16, 1988, 102 Stat. 3941; 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.)
Prior Provisions
Act Feb. 20, 1905, ch. 592, Secs. 7, 13, 33 Stat. 726, 728.
Amendments
1999--Pub. L. 106-113 substituted ``Director'' for ``Commissioner''
in two places.
1988--Pub. L. 100-667 substituted ``the registration, in whole or in
part, may modify the application or registration by limiting the goods
or services specified therein, may otherwise restrict or rectify with
respect to the register'' for ``or restrict'', and ``may refuse'' for
``or may refuse'', and inserted provisions that no final judgment be
entered before mark is registered if applicant cannot prevail without
establishing constructive use.
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 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.
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 section 1094 of this title.
