15 U.S.C. § 1072 — Registration as constructive notice of

Page 1304 TITLE 15—COMMERCE AND TRADE § 1072 section 171 of Title 28, Judiciary and Judicial Proce- dure. EFFECTIVE DATE OF 1975 AMENDMENTS Amendment by Pub. L. 93–600 effective Jan. 2, 1975, but not to affect any suit, proceeding, or appeal then pending, see section 4 of Pub. L. 93–600, set out as a note under section 1063 of this title. 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. 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. § 1072. Registration as constructive notice of claim of ownership Registration of a mark on the principal reg- ister provided by this chapter or under the Act of March 3, 1881, or the Act of February 20, 1905, shall be constructive notice of the registrant’s claim of ownership thereof. (July 5, 1946, ch. 540, title I, § 22, 60 Stat. 435.) Editorial Notes REFERENCES IN TEXT Acts March 3, 1881, and February 20, 1905, referred to in text, are acts Mar. 3, 1881, ch. 138, 21 Stat. 502 and Feb. 20, 1905, ch. 592, 33 Stat. 724, which were repealed insofar as inconsistent with this chapter by act July 5, 1946, ch. 540, § 46(a), 60 Stat. 444. Act Feb. 20, 1905, was classified to sections 81 to 109 of this title. 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. SUBCHAPTER II—THE SUPPLEMENTAL REGISTER § 1091. Supplemental register (a) Marks registerable In addition to the principal register, the Di- rector shall keep a continuation of the register provided in paragraph (b) of section 1 of the Act of March 19, 1920, entitled ‘‘An Act to give effect to certain provisions of the convention for the protection of trademarks and commercial names, made and signed in the city of Buenos Aires, in the Argentine Republic, August 20, 1910, and for other purposes’’, to be called the supplemental register. All marks capable of dis- tinguishing applicant’s goods or services and not registrable on the principal register provided in this chapter, except those declared to be unregistrable under subsections (a), (b), (c), (d), and (e)(3) of section 1052 of this title, which are in lawful use in commerce by the owner thereof, on or in connection with any goods or services may be registered on the supplemental register upon the payment of the prescribed fee and com- pliance with the provisions of subsections (a) and (e) of section 1051 of this title so far as they are applicable. Nothing in this section shall pre- vent the registration on the supplemental reg- ister of a mark, capable of distinguishing the ap- plicant’s goods or services and not registrable on the principal register under this chapter, that is declared to be unregistrable under sec- tion 1052(e)(3) of this title, if such mark has been in lawful use in commerce by the owner thereof, on or in connection with any goods or services, since before December 8, 1993. (b) Application and proceedings for registration Upon the filing of an application for registra- tion on the supplemental register and payment of the prescribed fee the Director shall refer the application to the examiner in charge of the reg- istration of marks, who shall cause an examina- tion to be made and if on such examination it shall appear that the applicant is entitled to registration, the registration shall be granted. If the applicant is found not entitled to registra- tion the provisions of subsection (b) of section 1062 of this title shall apply. (c) Nature of mark For the purposes of registration on the supple- mental register, a mark may consist of any trademark, symbol, label, package, configura- tion of goods, name, word, slogan, phrase, sur- name, geographical name, numeral, device, any matter that as a whole is not functional, or any combination of any of the foregoing, but such mark must be capable of distinguishing the ap- plicant’s goods or services. (July 5, 1946, ch. 540, title II, § 23, 60 Stat. 435; Pub. L. 87–772, § 13, Oct. 9, 1962, 76 Stat. 773; Pub. L. 100–667, title I, § 121, Nov. 16, 1988, 102 Stat. 3942; Pub. L. 103–182, title III, § 333(b), Dec. 8, 1993, 107 Stat. 2114; Pub. L. 105–330, title II, § 201(a)(5), Oct. 30, 1998, 112 Stat. 3070; Pub. L. 106–43, § 6(b), Aug. 5, 1999, 113 Stat. 220; 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. 107–273, div. C, title III, § 13207(b)(6), Nov. 2, 2002, 116 Stat. 1908.) Editorial Notes REFERENCES IN TEXT Paragraph (b) of section 1 of the Act of March 19, 1920, referred to in subsec. (a), is paragraph (b) of section 1 of act Mar. 19, 1920, ch. 104, 41 Stat. 533, which was clas- sified to section 121(b) of this title, and repealed by act July 5, 1946, ch. 540, § 46(a), 60 Stat. 444, insofar as incon- sistent.