§ 1119. — Power of court over registration.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC1119]
TITLE 15--COMMERCE AND TRADE
CHAPTER 22--TRADEMARKS
SUBCHAPTER III--GENERAL PROVISIONS
Sec. 1119. Power of court over registration
In any action involving a registered mark the court may determine
the right to registration, order the cancelation of registrations, in
whole or in part, restore canceled registrations, and otherwise rectify
the register with respect to the registrations of any party to the
action. Decrees and orders shall be certified by the court to the
Director, who shall make appropriate entry upon the records of the
Patent and Trademark Office, and shall be controlled thereby.
(July 5, 1946, ch. 540, title VI, Sec. 37, 60 Stat. 440; Pub. L. 93-596,
Sec. 1, Jan. 2, 1975, 88 Stat. 1949; 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, Sec. 22, 33 Stat. 729.
Amendments
1999--Pub. L. 106-113 substituted ``Director'' for ``Commissioner''.
1975--Pub. L. 93-596 substituted ``Patent and Trademark Office'' for
``Patent Office''.
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 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.
Section Referred to in Other Sections
This section is referred to in section 1122 of this title.
