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15 U.S.C. § 1056 — Disclaimer of unregistrable matter

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1056 — Disclaimer of unregistrable matter

**(a) Compulsory and voluntary disclaimers** The Director may require the applicant to disclaim an unregistrable component of a mark otherwise registrable. An applicant may voluntarily disclaim a component of a mark sought to be registered. **(b) Prejudice of rights** No disclaimer, including those made under subsection (e) of [section 1057 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1057&num=0&edition=prelim), shall prejudice or affect the applicant’s or registrant’s rights then existing or thereafter arising in the disclaimed matter, or his right of registration on another application if the disclaimed matter be or shall have become distinctive of his goods or services.

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Stable record: federal_law:legal_authorities:record_usc_9ce929eee8b08c382e99f590
Source file: Laws/federal/codes/united-states-code/title-15/section-1056-disclaimer-of-unregistrable-matter--d4e37fe9cf.md
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Source location: Title 15, Chapter 22, § 1056; chapter-022-trademarks.md

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1057 — Certificates of registration

**(a) Issuance and form** Certificates of registration of marks registered upon the principal register shall be issued in the name of the United States of America, under the seal of the United States Patent and Trademark Office, and shall be signed by the Director or have his signature placed thereon, and a record thereof shall be kept in the United States Patent and Trademark Office. The registration shall reproduce the mark, and state that the mark is registered on the principal register under this chapter, the date of the first use of the mark, the date of the first use of the mark in commerce, the particular goods or services for which it is registered, the number and date of the registration, the term thereof, the date on which the application for registration was received in the United States Patent and Trademark Office, and any conditions and limitations that may be imposed in the registration. **(b) Certificate as prima facie evidence** A certificate of registration of a mark upon the principal register provided by this chapter shall be prima facie evidence of the validity of the registered mark and of the registration of the mark, of the owner’s ownership of the mark, and of the owner’s exclusive right to use the registered mark in commerce on or in connection with the goods or services specified in the certificate, subject to any conditions or limitations stated in the certificate. **(c) Application to register mark considered constructive use** Contingent on the registration of a mark on the principal register provided by this chapter, the filing of the application to register such mark shall constitute constructive use of the mark, conferring a right of priority, nationwide in effect, on or in connection with the goods or services specified in the registra

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Federal law — U.S. Code and appendices · legal_authorities

35 U.S.C. § 1 — Establishment

**(a) Establishment.—** The United States Patent and Trademark Office is established as an agency of the United States, within the Department of Commerce. In carrying out its functions, the United States Patent and Trademark Office shall be subject to the policy direction of the Secretary of Commerce, but otherwise shall retain responsibility for decisions regarding the management and administration of its operations and shall exercise independent control of its budget allocations and expenditures, personnel decisions and processes, procurements, and other administrative and management functions in accordance with this title and applicable provisions of law. Those operations designed to grant and issue patents and those operations which are designed to facilitate the registration of trademarks shall be treated as separate operating units within the Office. **(b) Offices.—** The United States Patent and Trademark Office shall maintain its principal office in the metropolitan Washington, D.C., area, for the service of process and papers and for the purpose of carrying out its functions. The United States Patent and Trademark Office shall be deemed, for purposes of venue in civil actions, to be a resident of the district in which its principal office is located, except where jurisdiction is otherwise provided by law. The United States Patent and Trademark Office may establish satellite offices in such other places in the United States as it considers necessary and appropriate in the conduct of its business. **(c) Reference.—** For purposes of this title, the United States Patent and Trademark Office shall also be referred to as the “Office” and the “Patent and Trademark Office”.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1051 — Application for registration; verification

**(a) Application for use of trademark** (1) The owner of a trademark used in commerce may request registration of its trademark on the principal register hereby established by paying the prescribed fee and filing in the Patent and Trademark Office an application and a verified statement, in such form as may be prescribed by the Director, and such number of specimens or facsimiles of the mark as used as may be required by the Director. (2) The application shall include specification of the applicant’s domicile and citizenship, the date of the applicant’s first use of the mark, the date of the applicant’s first use of the mark in commerce, the goods in connection with which the mark is used, and a drawing of the mark. (3) The statement shall be verified by the applicant and specify that— (A) the person making the verification believes that he or she, or the juristic person in whose behalf he or she makes the verification, to be the owner of the mark sought to be registered; (B) to the best of the verifier’s knowledge and belief, the facts recited in the application are accurate; (C) the mark is in use in commerce; and (D) to the best of the verifier’s knowledge and belief, no other person has the right to use such mark in commerce either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods of such other person, to cause confusion, or to cause mistake, or to deceive, except that, in the case of every application claiming concurrent use, the applicant shall— (i) state exceptions to the claim of exclusive use; and (ii) shall 11 So in original. The word “shall” probably should not appear. specify, to the extent of the verifier’s knowledge— (I) any concurrent use by othe

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1056 — Disclaimer of unregistrable matter

Page 1283 TITLE 15—COMMERCE AND TRADE § 1057 § 1055. Use by related companies affecting valid- ity and registration Where a registered mark or a mark sought to be registered is or may be used legitimately by related companies, such use shall inure to the benefit of the registrant or applicant for reg- istration, and such use shall not affect the valid- ity of such mark or of its registration, provided such mark is not used in such manner as to de- ceive the public. If first use of a mark by a per- son is controlled by the registrant or applicant for registration of the mark with respect to the nature and quality of the goods or services, such first use shall inure to the benefit of the reg- istrant or applicant, as the case may be. (July 5, 1946, ch. 540, title I, § 5, 60 Stat. 429; Pub. L. 100–667, title I, § 107, Nov. 16, 1988, 102 Stat. 3938.) Editorial Notes AMENDMENTS 1988—Pub. L. 100–667 inserted at end ‘‘If first use of a mark by a person is controlled by the registrant or ap- plicant for registration of the mark with respect to the nature and quality of the goods or services, such first use shall inure to the benefit of the registrant or appli- cant, as the case may be.’’ Statutory Notes and Related Subsidiaries 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 chap- ter on pending proceedings and existing registrations and rights under prior acts, see notes set out under sec- tion 1051 of this title. § 1056. Disclaimer of unregistrable matter (a) Compulsory and voluntary disclaimers The Director may require the a

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