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15 U.S.C. § 1067 — Interference, opposition, and proceedings for concurrent use registration or for cancellation; notice; Trademark Trial and Appeal Board
Federal law — U.S. Code and appendices · legal_authorities
**(a)** In every case of interference, opposition to registration, application to register as a lawful concurrent user, or application to cancel the registration of a mark, the Director shall give notice to all parties and shall direct a Trademark Trial and Appeal Board to determine and decide the respective rights of registration.
**(b)** The Trademark Trial and Appeal Board shall include the Director, Deputy 11 So in original. Probably should be preceded by “the”. Director of the United States Patent and Trademark Office 22 So in original. Probably should be followed by a comma. the Commissioner for Patents, the Commissioner for Trademarks, and administrative trademark judges who are appointed by the Secretary of Commerce, in consultation with the Director.
**(c) Authority of the Secretary.—** The Secretary of Commerce may, in his or her discretion, deem the appointment of an administrative trademark judge who, before August 12, 2008, held office pursuant to an appointment by the Director to take effect on the date on which the Director initially appointed the administrative trademark judge.
**(d) Defense to Challenge of Appointment.—** It shall be a defense to a challenge to the appointment of an administrative trademark judge on the basis of the judge’s having been originally appointed by the Director that the administrative trademark judge so appointed was acting as a de facto officer.
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Stable record: federal_law:legal_authorities:record_usc_bb200afaebb9845f2219230c
Source file: Laws/federal/codes/united-states-code/title-15/section-1067-interference-opposition-and-proceedings-for-concurrent-use-registration--8f95bb7d4f.md
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Source location: Title 15, Chapter 22, § 1067; chapter-022-trademarks.md
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**(a)** In every case of interference, opposition to registration, application to register as a lawful concurrent user, or application to cancel the registration of a mark, the Director shall give notice to all parties and shall direct a Trademark Trial and Appeal Board to determine and decide the respective rights of registration.
**(b)** The Trademark Trial and Appeal Board shall include the Director, Deputy 11 So in original. Probably should be preceded by “the”. Director of the United States Patent and Trademark Office 22 So in original. Probably should be followed by a comma. the Commissioner for Patents, the Commissioner for Trademarks, and administrative trademark judges who are appointed by the Secretary of Commerce, in consultation with the Director.
**(c) Authority of the Secretary.—** The Secretary of Commerce may, in his or her discretion, deem the appointment of an administrative trademark judge who, before August 12, 2008, held office pursuant to an appointment by the Director to take effect on the date on which the Director initially appointed the administrative trademark judge.
**(d) Defense to Challenge of Appointment.—** It shall be a defense to a challenge to the appointment of an administrative trademark judge on the basis of the judge’s having been originally appointed by the Director that the administrative trademark judge so appointed was acting as a de facto officer.
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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
Notwithstanding the provisions of [section 1072 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1072&num=0&edition=prelim), a registrant of a mark registered in the Patent and Trademark Office, may give notice that his mark is registered by displaying with the mark the words “Registered in U.S. Patent and Trademark Office” or “Reg. U.S. Pat. & Tm. Off.” or the letter R enclosed within a circle, thus ®; and in any suit for infringement under this chapter by such a registrant failing to give such notice of registration, no profits and no damages shall be recovered under the provisions of this chapter unless the defendant had actual notice of the registration.
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1111
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Federal law — U.S. Code and appendices · legal_authorities
An appeal may be taken to the Trademark Trial and Appeal Board from any final decision of the examiner in charge of the registration of marks or a final decision by an examiner in an ex parte expungement proceeding or ex parte reexamination proceeding upon the payment of the prescribed fee. The Director may reconsider, and modify or set aside, a decision of the Trademark Trial and Appeal Board under this section.
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1070
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Persons entitled to appeal; United States Court of Appeals for the Federal Circuit; waiver of civil action; election of civil action by adverse party; procedure**
(1) An applicant for registration of a mark, party to an interference proceeding, party to an opposition proceeding, party to an application to register as a lawful concurrent user, party to a cancellation proceeding, a registrant who has filed an affidavit as provided in [section 1058 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1058&num=0&edition=prelim) or [section 1141k of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1141k&num=0&edition=prelim), an applicant for renewal, or a registrant subject to an ex parte expungement proceeding or an ex parte reexamination proceeding, who is dissatisfied with the decision of the Director or Trademark Trial and Appeal Board, may appeal to the United States Court of Appeals for the Federal Circuit thereby waiving his right to proceed under subsection (b) of this section: Provided, That such appeal shall be dismissed if any adverse party to the proceeding, other than the Director, shall, within twenty days after the appellant has filed notice of appeal according to paragraph (2) of this subsection, files notice with the Director that he elects to have all further proceedings conducted as provided in subsection (b) of this section. Thereupon the appellant shall have thirty days thereafter within which to file a civil action under subsection (b) of this section, in default of which the decision appealed from shall govern the further proceedings in the case.
(2) When an appeal is taken to the United States Court of Appeals for the Federal Circuit, the appellant shall file in the
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1071
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Federal law — U.S. Code and appendices · legal_authorities
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 such person is or will be damaged by the registration of a mark on the supplemental register—
(1) for which the effective filing date is after the date on which such person’s mark became famous and which would be likely to cause dilution by blurring or dilution by tarnishment under [section 1125(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1125/c&num=0&edition=prelim); or
(2) on grounds other than dilution by blurring or dilution by tarnishment,
such person 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, unless the Director reconsiders the decision of the Board, and modifies or sets aside, such decision. However, no final judgment shall be entered in favor of an applicant under [section 1051(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1051/b&num=0&edition=prelim) before the mark is registered, if such applicant cannot prevail without establishing constructive use pursuant to [section 1057(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1057/c&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1092
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Applications; services; materials** The Director shall establish fees for the filing and processing of an application for the registration of a trademark or other mark and for all other services performed by and materials furnished by the Patent and Trademark Office related to trademarks and other marks. Fees established under this subsection may be adjusted by the Director once each year to reflect, in the aggregate, any fluctuations during the preceding 12 months in the Consumer Price Index, as determined by the Secretary of Labor. Changes of less than 1 percent may be ignored. No fee established under this section shall take effect until at least 30 days after notice of the fee has been published in the Federal Register and in the Official Gazette of the Patent and Trademark Office.
**(b) Waiver; Indian products** The Director may waive the payment of any fee for any service or material related to trademarks or other marks in connection with an occasional request made by a department or agency of the Government, or any officer thereof. The Indian Arts and Crafts Board will not be charged any fee to register Government trademarks of genuineness and quality for Indian products or for products of particular Indian tribes and groups.
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1113
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Under Secretary and Director.—**
(1) **In general.—** — The powers and duties of the United States Patent and Trademark Office shall be vested in an Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (in this title referred to as the “Director”), who shall be a citizen of the United States and who shall be appointed by the President, by and with the advice and consent of the Senate. The Director shall be a person who has a professional background and experience in patent or trademark law.
(2) **Duties.—**
(A) *In general.—* — The Director shall be responsible for providing policy direction and management supervision for the Office and for the issuance of patents and the registration of trademarks. The Director shall perform these duties in a fair, impartial, and equitable manner.
(B) *Consulting with the public advisory committees.—* — The Director shall consult with the Patent Public Advisory Committee established in section 5 on a regular basis on matters relating to the patent operations of the Office, shall consult with the Trademark Public Advisory Committee established in section 5 on a regular basis on matters relating to the trademark operations of the Office, and shall consult with the respective Public Advisory Committee before submitting budgetary proposals to the Office of Management and Budget or changing or proposing to change patent or trademark user fees or patent or trademark regulations which are subject to the requirement to provide notice and opportunity for public comment under [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim), as the case may be.
(3) **Oath.—** — The Director shall, before takin
Source: Supplied U.S. Code snapshot — release unconfirmed · 35 U.S.C. § 3
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Federal law — U.S. Code and appendices · legal_authorities
Page 1299
TITLE 15—COMMERCE AND TRADE
§ 1067
1 So in original. Probably should be preceded by ‘‘the’’.
2 So in original. Probably should be followed by a comma.
section 225(f) of Pub. L. 116–260, set out as a note under
section 1066a of this title.
§ 1067. Interference, opposition, and proceedings
for concurrent use registration or for can-
cellation; notice; Trademark Trial and Ap-
peal Board
(a) In every case of interference, opposition to
registration, application to register as a lawful
concurrent user, or application to cancel the
registration of a mark, the Director shall give
notice to all parties and shall direct a Trade-
mark Trial and Appeal Board to determine and
decide the respective rights of registration.
(b) The Trademark Trial and Appeal Board
shall include the Director, Deputy 1 Director of
the United States Patent and Trademark Office 2
the Commissioner for Patents, the Commis-
sioner
for
Trademarks,
and
administrative
trademark judges who are appointed by the Sec-
retary of Commerce, in consultation with the
Director.
(c) AUTHORITY OF THE SECRETARY.—The Sec-
retary of Commerce may, in his or her discre-
tion, deem the appointment of an administra-
tive trademark judge who, before August 12,
2008, held office pursuant to an appointment by
the Director to take effect on the date on which
the Director initially appointed the administra-
tive trademark judge.
(d) DEFENSE TO CHALLENGE OF APPOINTMENT.—
It shall be a defense to a challenge to the ap-
pointment of an administrative trademark judge
on the basis of the judge’s having been origi-
nally appointed by the Director that the admin-
istrative trademark judge so appointed was act-
ing as a de facto officer.
(July 5, 1946, ch. 540, title I, § 17, 60 Stat. 434;
Pub. L. 85–609
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 1067
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