§ 1091. — Supplemental register.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC1091]
TITLE 15--COMMERCE AND TRADE
CHAPTER 22--TRADEMARKS
SUBCHAPTER II--THE SUPPLEMENTAL REGISTER
Sec. 1091. Supplemental register
(a) Marks registerable
In addition to the principal register, the Director shall keep a
continuation of the register provided in paragraph (b) of section 1 of
the Act of March 19, 1920, entitled ``An Act to give effect to certain
provisions of the convention for the protection of trademarks and
commercial names, made and signed in the city of Buenos Aires, in the
Argentine Republic, August 20, 1910, and for other purposes'', to be
called the supplemental register. All marks capable of distinguishing
applicant's goods or services and not registrable on the principal
register provided in this chapter, except those declared to be
unregistrable under subsections (a), (b), (c), (d), and (e)(3) of
section 1052 of this title, which are in lawful use in commerce by the
owner thereof, on or in connection with any goods or services may be
registered on the supplemental register upon the payment of the
prescribed fee and compliance with the provisions of subsections (a) and
(e) of section 1051 of this title so far as they are applicable. Nothing
in this section shall prevent the registration on the supplemental
register of a mark, capable of distinguishing the applicant's goods or
services and not registrable on the principal register under this
chapter, that is declared to be unregistrable under section 1052(e)(3)
of this title, if such mark has been in lawful use in commerce by the
owner thereof, on or in connection with any goods or services, since
before December 8, 1993.
(b) Application and proceedings for registration
Upon the filing of an application for registration on the
supplemental register 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, the registration shall be granted. If the applicant is
found not entitled to registration the provisions of subsection (b) of
section 1062 of this title shall apply.
(c) Nature of mark
For the purposes of registration on the supplemental register, a
mark may consist of any trademark, symbol, label, package, configuration
of goods, name, word, slogan, phrase, surname, geographical name,
numeral, device, any matter that as a whole is not functional, or any
combination of any of the foregoing, but such mark must be capable of
distinguishing the applicant's goods or services.
(July 5, 1946, ch. 540, title II, Sec. 23, 60 Stat. 435; Pub. L. 87-772,
Sec. 13, Oct. 9, 1962, 76 Stat. 773; Pub. L. 100-667, title I, Sec. 121,
Nov. 16, 1988, 102 Stat. 3942; Pub. L. 103-182, title III, Sec. 333(b),
Dec. 8, 1993, 107 Stat. 2114; Pub. L. 105-330, title II, Sec. 201(a)(5),
Oct. 30, 1998, 112 Stat. 3070; Pub. L. 106-43, Sec. 6(b), Aug. 5, 1999,
113 Stat. 220; 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; Pub. L.
107-273, div. C, title III, Sec. 13207(b)(6), Nov. 2, 2002, 116 Stat.
1908.)
References in Text
Paragraph (b) of section 1 of the Act of March 19, 1920, referred to
in subsec. (a), is paragraph (b) of section 1 of act Mar. 19, 1920, ch.
104, 41 Stat. 533, which was classified to section 121(b) of this title,
and repealed by act July 5, 1946, ch. 540, Sec. 46(a), 60 Stat. 444,
insofar as inconsistent.
Prior Provisions
Acts Mar. 19, 1920, ch. 104, Sec. 1, 41 Stat. 533; Apr. 11, 1930,
ch. 132, Sec. 4, 46 Stat. 155; June 10, 1938, ch. 332, Sec. 2, 52 Stat.
638.
Amendments
2002--Subsec. (c). Pub. L. 107-273 struck out second comma after
``numeral''.
1999--Subsec. (a). Pub. L. 106-113 substituted ``Director'' for
``Commissioner''.
Pub. L. 106-43 substituted ``trademarks'' for ``trade-marks''.
Subsec. (b). Pub. L. 106-113 substituted ``Director'' for
``Commissioner''.
1998--Subsec. (c). Pub. L. 105-330 substituted ``, device, any
matter that as a whole is not functional,'' for ``or device''.
1993--Subsec. (a). Pub. L. 103-182 substituted ``(d), and (e)(3)''
for ``and (d)'' and inserted at end ``Nothing in this section shall
prevent the registration on the supplemental register of a mark, capable
of distinguishing the applicant's goods or services and not registrable
on the principal register under this chapter, that is declared to be
unregistrable under section 1052(e)(3) of this title, if such mark has
been in lawful use in commerce by the owner thereof, on or in connection
with any goods or services, since before December 8, 1993.''
1988--Pub. L. 100-667, Sec. 121(6), struck out undesignated
concluding par. which read as follows: ``Upon a proper showing by the
applicant that he requires domestic registration as a basis for foreign
protection of his mark, the Commissioner may waive the requirement of a
full year's use and may grant registration forthwith.''
Subsec. (a). Pub. L. 100-667, Sec. 121(1), (4), designated first
par. as subsec. (a), made technical amendment to reference in the
original act to subsections (a), (b), (c), and (d) of section 1052 of
this title resulting in no change in text, substituted ``are in lawful
use in commerce by the owner thereof, on'' for ``have been in lawful use
in commerce by the proprietor thereof, upon'', struck out ``for the year
preceding the filing of the application'' after ``any goods and
services'', and inserted ``subsections (a) and (e) of'' before ``section
1051''.
Subsec. (b). Pub. L. 100-667, Sec. 121(2), (5), designated second
par. as subsec. (b) and substituted ``prescribed fee'' for ``fee herein
provided''.
Subsec. (c). Pub. L. 100-667, Sec. 121(3), designated third par. as
subsec. (c).
1962--Pub. L. 87-772 struck out ``has begun the lawful use of his
mark in foreign commerce and that he'' before ``requires domestic
registration'' in last par.
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 Oct. 30, 1998, and applicable
only to any civil action filed or proceeding before the United States
Patent and Trademark Office commenced on or after such date relating to
the registration of a mark, see section 201(b) of Pub. L. 105-330, set
out as a note under section 1051 of this title.
Effective Date of 1993 Amendment
Amendment by Pub. L. 103-182 applicable only to trademark
applications filed on or after Dec. 8, 1993, see section 335(c) of Pub.
L. 103-182, set out in a note under section 1052 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.
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 1126 of this title.
