§ 1069. — Application of equitable principles in inter partes proceedings.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC1069]
TITLE 15--COMMERCE AND TRADE
CHAPTER 22--TRADEMARKS
SUBCHAPTER I--THE PRINCIPAL REGISTER
Sec. 1069. Application of equitable principles in inter partes
proceedings
In all inter partes proceedings equitable principles of laches,
estoppel, and acquiescence, where applicable may be considered and
applied.
(July 5, 1946, ch. 540, title I, Sec. 19, 60 Stat. 434; Pub. L. 93-596,
Sec. 1, Jan. 2, 1975, 88 Stat. 1949; Pub. L. 100-667, title I, Sec. 119,
Nov. 16, 1988, 102 Stat. 3941.)
Amendments
1988--Pub. L. 100-667 struck out at end ``The provisions of this
section shall also govern proceedings heretofore begun in the Patent and
Trademark Office and not finally determined.''
1975--Pub. L. 93-596 substituted ``Patent and Trademark Office'' for
``Patent Office''.
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.