§ 1112. — Classification of goods and services; registration in plurality of classes.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC1112]
TITLE 15--COMMERCE AND TRADE
CHAPTER 22--TRADEMARKS
SUBCHAPTER III--GENERAL PROVISIONS
Sec. 1112. Classification of goods and services; registration in
plurality of classes
The Director may establish a classification of goods and services,
for convenience of Patent and Trademark Office administration, but not
to limit or extend the applicant's or registrant's rights. The applicant
may apply to register a mark for any or all of the goods or services on
or in connection with which he or she is using or has a bona fide
intention to use the mark in commerce: Provided, That if the Director by
regulation permits the filing of an application for the registration of
a mark for goods or services which fall within a plurality of classes, a
fee equaling the sum of the fees for filing an application in each class
shall be paid, and the Director may issue a single certificate of
registration for such mark.
(July 5, 1946, ch. 540, title IV, Sec. 30, 60 Stat. 436; Pub. L. 87-772,
Sec. 16, 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. 126, Nov. 16, 1988,
102 Stat. 3943; 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 May 4, 1906, ch. 2081, Sec. 2, 34 Stat. 169.
Amendments
1999--Pub. L. 106-113 substituted ``Director'' for ``Commissioner''
wherever appearing.
1988--Pub. L. 100-667 inserted ``or registrant's'' after
``applicant's'' and substituted ``may apply'' for ``may file an
application'', ``goods or services on or in connection with which he or
she is using or has a bona fide intention to use the mark in commerce:''
for ``goods and services upon or in connection with which he is actually
using the mark:'', and ``Provided, That if the Commissioner by
regulation permits the filing of an application for the registration of
a mark for goods or services which fall'' for ``Provided, That when such
goods or services fall''.
1975--Pub. L. 93-596 substituted ``Patent and Trademark Office'' for
``Patent Office''.
1962--Pub. L. 87-772, among other changes, substituted ``may'' for
``shall''.
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.
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.
