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15 U.S.C. § 1070 — Appeals to Trademark Trial and Appeal Board from decisions of examiners
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.
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Stable record: federal_law:legal_authorities:record_usc_e72e872e2fd23a4a233687ff
Source file: Laws/federal/codes/united-states-code/title-15/section-1070-appeals-to-trademark-trial-and-appeal-board-from-decisions-of-examiners--1d1e1aa427.md
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Source location: Title 15, Chapter 22, § 1070; chapter-022-trademarks.md
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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.
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Federal law — U.S. Code and appendices · legal_authorities
A petition to cancel a registration of a mark, stating the grounds relied upon, may, upon payment of the prescribed fee, be filed as follows by any person who believes that he is or will be damaged, including as a result of a likelihood of 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), by the registration of a mark on the principal register established by this chapter, or under the Act of March 3, 1881, or the Act of February 20, 1905:
(1) Within five years from the date of the registration of the mark under this chapter.
(2) Within five years from the date of publication under [section 1062(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1062/c&num=0&edition=prelim) of a mark registered under the Act of March 3, 1881, or the Act of February 20, 1905.
(3) At any time if the registered mark becomes the generic name for the goods or services, or a portion thereof, for which it is registered, or is functional, or has been abandoned, or its registration was obtained fraudulently or contrary to the provisions of [section 1054 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1054&num=0&edition=prelim) or of subsection (a), (b), or (c) of [section 1052 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1052&num=0&edition=prelim) for a registration under this chapter, or contrary to similar prohibitory provisions of such prior Acts for a registration under such Acts, or if the registered mark is being used by, or with the permission of, the registrant so as to misrepresent the source of the goods or service
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1064
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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
In such proceedings the Director may refuse to register the opposed mark, may cancel the registration, in whole or in part, may modify the application or registration by limiting the goods or services specified therein, may otherwise restrict or rectify with respect to the register the registration of a registered mark, may refuse to register any or all of several interfering marks, or may register the mark or marks for the person or persons entitled thereto, as the rights of the parties under this chapter may be established in the proceedings. The authority of the Director under this section includes the authority to reconsider, and modify or set aside, a decision of the Trademark Trial and Appeal Board: Provided, That in the case of the registration of any mark based on concurrent use, the Director shall determine and fix the conditions and limitations provided for in subsection (d) of [section 1052 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1052&num=0&edition=prelim). 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. § 1068
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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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1067
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Federal law — U.S. Code and appendices · legal_authorities
Page 1301
TITLE 15—COMMERCE AND TRADE
§ 1071
1975—Pub. L. 93–596 substituted ‘‘Patent and Trade-
mark Office’’ for ‘‘Patent Office’’.
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.
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.
§ 1070. Appeals to Trademark Trial and Appeal
Board from decisions of examiners
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 re-
examination proceeding upon the payment of
the prescribed fee. The Director may reconsider,
and modify or set aside, a decision of the Trade-
mark Trial and Appeal Board under this section.
(July 5, 1946, ch. 540, title I, § 20, 60 Stat. 435;
Pub. L. 85–609, § 1(b), Aug. 8, 1958, 72 Stat. 540;
Pub. L. 116–260, div
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 1070
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