15 U.S.C. § 1092 — Publication; not subject to opposition;

Page 1305 TITLE 15—COMMERCE AND TRADE § 1092 PRIOR PROVISIONS Acts Mar. 19, 1920, ch. 104, § 1, 41 Stat. 533; Apr. 11, 1930, ch. 132, § 4, 46 Stat. 155; June 10, 1938, ch. 332, § 2, 52 Stat. 638. AMENDMENTS 2002—Subsec. (c). Pub. L. 107–273 struck out second comma after ‘‘numeral’’. 1999—Subsec. (a). Pub. L. 106–113 substituted ‘‘Direc- tor’’ for ‘‘Commissioner’’. Pub. L. 106–43 substituted ‘‘trademarks’’ for ‘‘trade- marks’’. Subsec. (b). Pub. L. 106–113 substituted ‘‘Director’’ for ‘‘Commissioner’’. 1998—Subsec. (c). Pub. L. 105–330 substituted ‘‘, device, any matter that as a whole is not func- tional,’’ for ‘‘or device’’. 1993—Subsec. (a). Pub. L. 103–182 substituted ‘‘(d), and (e)(3)’’ for ‘‘and (d)’’ and inserted at end ‘‘Nothing in this section shall prevent the registration on the sup- plemental register of a mark, capable of distinguishing the applicant’s goods or services and not registrable on the principal register under this chapter, that is de- clared to be unregistrable under section 1052(e)(3) of this title, if such mark has been in lawful use in com- merce by the owner thereof, on or in connection with any goods or services, since before December 8, 1993.’’ 1988—Pub. L. 100–667, § 121(6), struck out undesignated concluding par. which read as follows: ‘‘Upon a proper showing by the applicant that he requires domestic reg- istration as a basis for foreign protection of his mark, the Commissioner may waive the requirement of a full year’s use and may grant registration forthwith.’’ Subsec. (a). Pub. L. 100–667, § 121(1), (4), designated first par. as subsec. (a), made technical amendment to reference in the original act to subsections (a), (b), (c), and (d) of section 1052 of this title resulting in no change in text, substituted ‘‘are in lawful use in com- merce by the owner thereof, on’’ for ‘‘have been in law- ful use in commerce by the proprietor thereof, upon’’, struck out ‘‘for the year preceding the filing of the ap- plication’’ after ‘‘any goods and services’’, and inserted ‘‘subsections (a) and (e) of’’ before ‘‘section 1051’’. Subsec. (b). Pub. L. 100–667, § 121(2), (5), designated second par. as subsec. (b) and substituted ‘‘prescribed fee’’ for ‘‘fee herein provided’’. Subsec. (c). Pub. L. 100–667, § 121(3), designated third par. as subsec. (c). 1962—Pub. L. 87–772 struck out ‘‘has begun the lawful use of his mark in foreign commerce and that he’’ be- fore ‘‘requires domestic registration’’ in last par. Statutory Notes and Related Subsidiaries 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 1998 AMENDMENT Amendment by Pub. L. 105–330 effective Oct. 30, 1998, and applicable only to any civil action filed or pro- ceeding before the United States Patent and Trade- mark Office commenced on or after such date relating to the registration of a mark, see section 201(b) of Pub. L. 105–330, set out as a note under section 1051 of this title. EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103–182 applicable only to trademark applications filed on or after Dec. 8, 1993, see section 335(c) of Pub. L. 103–182, formerly set out in a note under section 1052 of this title. 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. 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. § 1092. Publication; not subject to opposition; cancellation 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 di- lution by blurring or dilution by tarnishment under section 1125(c) of this title; or (2) on grounds other than dilution by blur- ring 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 Direc- tor 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 re- considers the decision of the Board, and modifies or sets aside, such decision. However, no final judgment shall be entered in favor of an appli- cant under section 1051(b) of this title before the mark is registered, if such applicant cannot pre- vail without establishing constructive use pur- suant to section 1057(c) of this title. (July 5, 1946, ch. 540, title II, § 24, 60 Stat. 436; Pub. L. 85–609, § 1(d), Aug. 8, 1958, 72 Stat. 540; Pub. L. 87–772, § 14, Oct. 9, 1962, 76 Stat. 773; Pub. L. 93–596, § 1, Jan. 2, 1975, 88 Stat. 1949; Pub. L. 100–667, title I, § 122, Nov. 16, 1988, 102 Stat. 3943; Pub. L. 106–43, § 2(d), Aug. 5, 1999, 113 Stat. 218; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(b)(1)(B)], Nov. 29, 1999, 113 Stat. 1536, 1501A–583; Pub. L. 109–312, § 3(d), Oct. 6, 2006, 120 Stat. 1732; Pub. L. 116–260, div. Q, title II, § 228(a)(3), Dec. 27, 2020, 134 Stat. 2210.) Editorial Notes PRIOR PROVISIONS Act Mar. 19, 1920, ch. 104, § 2, 41 Stat. 534. AMENDMENTS 2020—Pub. L. 116–260 inserted ‘‘, unless the Director reconsiders the decision of the Board, and modifies or Page 1306 TITLE 15—COMMERCE AND TRADE § 1093 sets aside, such decision’’ after ‘‘shall be canceled by the Director’’ in concluding provisions. 2006—Pub. L. 109–312 amended second sentence gen- erally. Prior to amendment, second sentence read as follows: ‘‘Whenever any person believes that he is or will be damaged by the registration of a mark on this register, including as a result of dilution under section 1125(c) of this title, he 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 words following ‘‘tarnishment,’’ in second sentence are shown as a flush provision notwithstanding directory language showing them as part of cl. (2), to reflect the probable intent of Congress. 1999—Pub. L. 106–113 substituted ‘‘Director’’ for ‘‘Commissioner’’ wherever appearing. Pub. L. 106–43 inserted ‘‘, including as a result of di- lution under section 1125(c) of this title,’’ after ‘‘reg- ister’’ in second sentence. 1988—Pub. L. 100–667 struck out ‘‘verified’’ after ‘‘fil- ing of a’’, substituted ‘‘is not entitled to registration,’’ for ‘‘was not entitled to register the mark at the time of his application for registration thereof,’’ struck out ‘‘is not used by the registrant or’’ after ‘‘that the mark’’, and inserted provision that no final judgment be entered before mark is registered if applicant cannot prevail without establishing constructive use. 1975—Pub. L. 93–596 substituted ‘‘Patent and Trade- mark Office’’ for ‘‘Patent Office’’. 1962—Pub. L. 87–772 provided for payment of the pre- scribed fee and the filing of a verified petition. 1958—Pub. L. 85–609 substituted provisions requiring the Commissioner to refer applications to the Trade- mark Trial and Appeal Board for provisions which re- quired referral to the examiner in charge of inter- ferences. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1999 AMENDMENTS 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. Amendment by Pub. L. 106–43 effective Aug. 5, 1999, and applicable only to any application for registration filed on or after Jan. 16, 1996, see section 2(e) of Pub. L. 106–43, set out as a note under section 1052 of this title. 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. EFFECTIVE DATE OF 1958 AMENDMENT For effective date and applicability of amendment by Pub. L. 85–609, see section 3 of Pub. L. 85–609, set out as a note under section 1067 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. CONSTRUCTION OF 2020 AMENDMENT For construction of amendment made by Pub. L. 116–260 regarding Director’s authority before Dec. 27, 2020, and authority with respect to particular decisions, see section 228(b) of div. Q of Pub. L. 116–260, set out as a note under section 1068 of this title. REORGANIZATION PLAN NO. 5 OF 1950 Amendment by Pub. L. 85–609 as subject to Reorga- nization Plan No. 5 of 1950, see note set out under sec- tion 1067 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. § 1093. Registration certificates for marks on principal and supplemental registers to be different The certificates of registration for marks reg- istered on the supplemental register shall be conspicuously different from certificates issued for marks registered on the principal register. (July 5, 1946, ch. 540, title II, § 25, 60 Stat. 436.) Statutory Notes and Related Subsidiaries 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. § 1094. Provisions of chapter applicable to reg- istrations on supplemental register The provisions of this chapter shall govern so far as applicable applications for registration and registrations on the supplemental register as well as those on the principal register, but applications for and registrations on the supple- mental register shall not be subject to or receive the advantages of sections 1051(b), 1052(e), 1052(f), 1057(b), 1057(c), 1062(a), 1063 to 1068, inclu- sive, 1072, 1115 and 1124 of this title. Registra- tions on the supplemental register shall be sub- ject to ex parte expungement and ex parte reex- amination under sections 1066a and 1066b of this title, respectively. (July 5, 1946, ch. 540, title II, § 26, 60 Stat. 436; Pub. L. 100–667, title I, § 123, Nov. 16, 1988, 102 Stat. 3943; Pub. L. 105–330, title II, § 201(a)(6), Oct. 30, 1998, 112 Stat. 3070; Pub. L. 116–260, div. Q, title II, § 225(e)(2), Dec. 27, 2020, 134 Stat. 2207.) Editorial Notes PRIOR PROVISIONS Act Mar. 19, 1920, ch. 104, § 6, 41 Stat. 535. AMENDMENTS 2020—Pub. L. 116–260 inserted ‘‘Registrations on the supplemental register shall be subject to ex parte expungement and ex parte reexamination under sec- tions 1066a and 1066b of this title, respectively.’’ at end. 1998—Pub. L. 105–330 substituted ‘‘, 1057(c),’’ for ‘‘1057(c),,’’. 1988—Pub. L. 100–667 inserted reference to sections 1051(b) and 1057(c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2020 AMENDMENT Amendment by Pub. L. 116–260 effective upon the ex- piration of the 1-year period beginning on Dec. 27, 2020,