§ 1092. — Publication; not subject to opposition; 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: 15USC1092]
TITLE 15--COMMERCE AND TRADE
CHAPTER 22--TRADEMARKS
SUBCHAPTER II--THE SUPPLEMENTAL REGISTER
Sec. 1092. Publication; not subject to opposition; cancellation
Marks for the supplemental register shall not be published for or be
subject to opposition, but shall be published on registration in the
Official Gazette of the Patent and Trademark Office. Whenever any person
believes that he is or will be damaged by the registration of a mark on
this register, including as a result of dilution under section 1125(c)
of this title, he may at any time, upon payment of the prescribed fee
and the filing of a petition stating the ground therefor, apply to the
Director to cancel such registration. The Director shall refer such
application to the Trademark Trial and Appeal Board which shall give
notice thereof to the registrant. If it is found after a hearing before
the Board that the registrant is not entitled to registration, or that
the mark has been abandoned, the registration shall be canceled by the
Director. 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 II, Sec. 24, 60 Stat. 436; Pub. L. 85-609,
Sec. 1(d), Aug. 8, 1958, 72 Stat. 540; Pub. L. 87-772, Sec. 14, Oct. 9,
1962, 76 Stat. 773; Pub. L. 93-596, Sec. 1, Jan. 2, 1975, 88 Stat. 1949;
Pub. L. 100-667, title I, Sec. 122, Nov. 16, 1988, 102 Stat. 3943; Pub.
L. 106-43, Sec. 2(d), Aug. 5, 1999, 113 Stat. 218; 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 Mar. 19, 1920, ch. 104, Sec. 2, 41 Stat. 534.
Amendments
1999--Pub. L. 106-113 substituted ``Director'' for ``Commissioner''
wherever appearing.
Pub. L. 106-43 inserted ``, including as a result of dilution under
section 1125(c) of this title,'' after ``register'' in second sentence.
1988--Pub. L. 100-667 struck out ``verified'' after ``filing of a'',
substituted ``is not entitled to registration,'' for ``was not entitled
to register the mark at the time of his application for registration
thereof,'' struck out ``is not used by the registrant or'' after ``that
the mark'', and inserted provision that no final judgment be entered
before mark is registered if applicant cannot prevail without
establishing constructive use.
1975--Pub. L. 93-596 substituted ``Patent and Trademark Office'' for
``Patent Office''.
1962--Pub. L. 87-772 provided for payment of the prescribed fee and
the filing of a verified petition.
1958--Pub. L. 85-609 substituted provisions requiring the
Commissioner to refer applications to the Trademark Trial and Appeal
Board for provisions which required referral to the examiner in charge
of interferences.
Effective Date of 1999 Amendments
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.
Amendment by Pub. L. 106-43 effective Aug. 5, 1999, and applicable
only to any application for registration filed on or after Jan. 16,
1996, see section 2(e) of Pub. L. 106-43, set out as 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.
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
For effective date and applicability of amendment by Pub. L. 85-609,
see section 3 of Pub. L. 85-609, set out as a note under section 1067 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.
Reorganization Plan No. 5 of 1950
Amendment by Pub. L. 85-609 as subject to Reorganization Plan No. 5
of 1950, see note set out under section 1067 of this title.
Section Referred to in Other Sections
This section is referred to in section 1052 of this title.
