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15 U.S.C. § 1066 — Interference; declaration by Director
Federal law — U.S. Code and appendices · legal_authorities
Upon petition showing extraordinary circumstances, the Director may declare that an interference exists when application is made for the registration of a mark which so resembles a mark previously registered by another, or for the registration of which another has previously made application, as to be likely when used on or in connection with the goods or services of the applicant to cause confusion or mistake or to deceive. No interference shall be declared between an application and the registration of a mark the right to the use of which has become incontestable.
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Stable record: federal_law:legal_authorities:record_usc_a2a0dcabedf4376839391e61
Source file: Laws/federal/codes/united-states-code/title-15/section-1066-interference-declaration-by-director--59909326c3.md
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Source location: Title 15, Chapter 22, § 1066; chapter-022-trademarks.md
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Upon petition showing extraordinary circumstances, the Director may declare that an interference exists when application is made for the registration of a mark which so resembles a mark previously registered by another, or for the registration of which another has previously made application, as to be likely when used on or in connection with the goods or services of the applicant to cause confusion or mistake or to deceive. No interference shall be declared between an application and the registration of a mark the right to the use of which has become incontestable.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** A contract involving a patent or any right under a patent may contain a provision requiring arbitration of any dispute relating to patent validity or infringement arising under the contract. In the absence of such a provision, the parties to an existing patent validity or infringement dispute may agree in writing to settle such dispute by arbitration. Any such provision or agreement shall be valid, irrevocable, and enforceable, except for any grounds that exist at law or in equity for revocation of a contract.
**(b)** Arbitration of such disputes, awards by arbitrators and confirmation of awards shall be governed by title 9, to the extent such title is not inconsistent with this section. In any such arbitration proceeding, the defenses provided for under section 282 shall be considered by the arbitrator if raised by any party to the proceeding.
**(c)** An award by an arbitrator shall be final and binding between the parties to the arbitration but shall have no force or effect on any other person. The parties to an arbitration may agree that in the event a patent which is the subject matter of an award is subsequently determined to be invalid or unenforceable in a judgment rendered by a court of competent jurisdiction from which no appeal can or has been taken, such award may be modified by any court of competent jurisdiction upon application by any party to the arbitration. Any such modification shall govern the rights and obligations between such parties from the date of such modification.
**(d)** When an award is made by an arbitrator, the patentee, his assignee or licensee shall give notice thereof in writing to the Director. There shall be a separate notice prepared for each patent involved in such proceeding. Such notice shall set forth the names and add
Source: Supplied U.S. Code snapshot — release unconfirmed · 35 U.S.C. § 294
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Federal law — U.S. Code and appendices · legal_authorities
**(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”.
Source: Supplied U.S. Code snapshot — release unconfirmed · 35 U.S.C. § 1
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1051
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Examination and publication** Upon the filing of an application for registration 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, or would be entitled to registration upon the acceptance of the statement of use required by [section 1051(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1051/d&num=0&edition=prelim), the Director shall cause the mark to be published in the Official Gazette of the Patent and Trademark Office: Provided, That in the case of an applicant claiming concurrent use, or in the case of an application to be placed in an interference as provided for in [section 1066 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1066&num=0&edition=prelim) the mark, if otherwise registrable, may be published subject to the determination of the rights of the parties to such proceedings.
**(b) Refusal of registration; amendment of application; abandonment; extensions of time to respond**
(1) If the applicant is found not entitled to registration, the examiner shall notify the applicant thereof and of the reasons therefor. The applicant may reply or amend the application, which shall then be reexamined. This procedure may be repeated until the examiner finally refuses registration of the mark or the application is abandoned as described in paragraph (2).
(2) After notification under paragraph (1), the applicant shall have a period of 6 months in which to reply or amend the application, or such shorter time that is not less than 60 days, as prescribed by the Direc
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1062
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Federal law — U.S. Code and appendices · legal_authorities
Page 1295
TITLE 15—COMMERCE AND TRADE
§ 1066a
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, § 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 1982 AMENDMENT
Amendment by Pub. L. 97–247 effective six months
after Aug. 27, 1982, see section 17(c) of Pub. L. 97–247, set
out as a note under section 294 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 chap-
ter on pending proceedings and existing registrations
and rights under prior acts, see notes set out under sec-
tion 1051 of this title.
Executive Documents
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, §§ 1, 2, eff. May
24, 1950, 15 F.R. 3174, 64 Stat. 1263, set out in the Appen-
dix to Title 5, Government Organization and Employ-
ees.
§ 1066. Interference; declaration by Director
Upon petition showing extraordinary cir-
cumstances, the Director may declare that an
interference exists when application is made for
the registration of a mark which so resembles a
mark previously registered by another, or for
the registration of which another has previously
made appl
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 1066
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